Ligocky v. Wilcox

OPINION

WOOD, Chief Judge.

The herbicide, Defy, containing 2 — 4D, was applied to a milo field to kill weeds. Some adjacent cotton plants were damaged. The appeal involves: (1) liability of the supplier to the owner of the cotton on a theory of express warranty, and (2) liability of the person aerially applying the Defy to the owner of the cotton on a theory of strict liability.

Ligocky sued all the named defendants claiming his cotton had been damaged by the aerial application of Defy. His claims against Wilcox and Stewart were settled; the record does not show a disposition of Ligocky’s claims…