Woodbury Chemical Company, Now Missouri Chemical Company v. Don Holgerson, D/B/A Tri County Ag Service

SETH, Circuit Judge.

This action was commenced by an aerial applicator of herbicides to recover damages from a chemical company which furnished a product to be used to spray ranchlands which he alleged was ineffective to accomplish the results represented by the company. The case was tried to the United States District Court for the District of Wyoming. The court entered judgment for plaintiff for damages in an amount representing the cost plaintiff would incur in respraying the area. The case was and is basically one of fact.

In June 1968 plaintiff entered into contracts with several Wyoming…