Potter v. Tyndall

BALEY, Judge.

Appellant contends that appellees misled him by false statements and persuaded him to fertilize his tobacco with Na-Churs Plant Food. Na-Churs Plant Food was not suitable for use on tobacco, and appellant’s tobacco plants withered and died. Appellant does not seriously contend that Na-Churs’ Plant Food was a defective fertilizer; he admits in his brief that it was an entirely appropriate and safe fertilizer for use on certain crops, but not on tobacco. He contends that his losses were not caused by any inherent defects in the fertilizer, but by appellees’ express warranty of…