Legal Opinion
Tolmie Farms, Inc. v. Stauffer Chemical Co.
Idaho Court of Appeals
Decided June 17, 1992No. 19172Published
1Opinion of the Court
SUBSTITUTE OPINION
The Court’s prior opinion dated April 7, 1992, is hereby withdrawn.
WALTERS, Chief Judge.
This case arises from damage to a potato crop allegedly caused by the failure of “Va-pam,” a soil fumigant, to control nematodes. On summary judgment, the district court dismissed the breach of warranty claims asserted by the farmer against the product seller. For the reasons explained below, we reverse the dismissal of the claims asserting breach of express warranty but we affirm the dismissal of claims relating to alleged breach of implied warranties. We also reverse an order of the…
2Cases cited14 opinions
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- Kennedy v. Allied Mutual Insurance Co.Court of Appeals for the Ninth Circuit · 1991
- William Radobenko and Mary G. Radobenko, His Wife, Individually and as Husband and Wife v. Automated Equipment Corporation, a California CorporationCourt of Appeals for the Ninth Circuit · 1975
- Anderson v. EthingtonIdaho Supreme Court · 1982
- Anderson v. City of PocatelloIdaho Supreme Court · 1987
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