Legal Opinion
Durham v. Ciba-Geigy Corp.
South Dakota Supreme Court
Decided February 10, 1982No. 13402PublishedCited by 62 opinions
1Opinion of the Court
DUNN, Justice.
This action was commenced for recovery of damages suffered by appellee Mervin Durham (Durham) arising from an alleged breach of warranty by Ciba-Geigy Corporation (appellant), the manufacturer; defendant Balcom Chemicals, Inc. (Balcom Chemicals, Inc.), the distributor; and appellee Varilek Farm Service (Varilek Farm Service), the seller. Durham claimed that the herbicide “Milogard” failed to control- the growth of the weed foxtail in his milo crop. Varilek Farm Service counterclaimed for the cost of the fertilizer and herbicides sold to Durham. Balcom Chemicals, Inc.…
2Cases cited18 opinions
- Drier v. Perfection, Inc.South Dakota Supreme Court · 1977
- Ewing, Ind. Exs. v. Wm. L. Foley, Inc.Texas Supreme Court · 1926
- Johnson v. John Deere Co.South Dakota Supreme Court · 1981
- Bank of Indiana, National Ass'n v. HolyfieldDistrict Court, S.D. Mississippi · 1979
- Gore v. George J. Ball, IncorporatedSupreme Court of North Carolina · 1971
13 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Sander v. Geib, Elston, Frost Professional Ass'nSouth Dakota Supreme Court · 1993
- Sabag v. Continental South DakotaSouth Dakota Supreme Court · 1985
- Magbuhat v. KovarikSouth Dakota Supreme Court · 1986
- Lewis Refrigeration Company, a Corporation v. Sawyer Fruit, Vegetable and Cold Storage CompanyCourt of Appeals for the Sixth Circuit · 1983
- Parker v. Casa Del Rey-Rapid City, Inc.South Dakota Supreme Court · 2002
57 more not listed; retrieve them via the Exa API.