Wilson v. EZ Flo Chemical Company

HIGGINS, Justice.

The facts in this case are not in dispute. The evidence is free of any contradiction. The parties admit the plaintiff, a truck farmer, properly prepared his soil and on March 19, 1969, planted eighteen and one-half acres of squash. That day he consulted Mr. Daughtry, an agent of E-Z Flo, stating he needed a pre-emergent herbicide to kill weeds and grass and requested that Mr. Daughtry recommend and supply him with a chemical suitable for immediate use on yellow squash.

E-Z Flo Chemical Company was not an agent of Uniroyal, but carried Alanap and another herbicide in stock. Mr.…