Gibson v. California Spray-Chemical Corp.

Plaintiffs brought this action to recover damages for loss of their apple crop. They alleged in their complaint that they had purchased from the defendant a chemical compound called “Eigetol”; that thereafter they used it as recommended by the defendant in spraying their orchard; and that as a result they lost their 1945 crop of Jonathan apples. They asked for judgment against defendant in the sum of twenty-nine hundred dollars.

The theory of the complaint was: (1) breach of express warranty; (2) breach of implied warranty; and (3) negligence in recommending the chemical product as a mildew…