Carson v. Chevron Chemical Co.

Swinehart, J.:

This appeal is actually two separate appeals stemming from what was originally one lawsuit. In 1977 Donald W. Johnson, John Carson, and Aubrey Price filed suit against Chevron Chemical Company and Waits Homegas, Inc., alleging breach of express and implied warranties arising out of the failure of a contact herbicide, Paraquat, to kill existing weeds and grasses, the consequence of which was the failure of the plaintiffs’ 1976 no-till milo crops. By agreement of the parties and by order of the district court, the three plaintiffs’ claims were tried separately. Plaintiff Carson…