Eaton Fruit Co. v. California Spray-Chemical Corp.

UDALL, Vice Chief Justice:

Eaton Cattle Company (hereinafter, Eaton) brought this action against California Spray-Chemical Corporation (hereinafter, Cal Spray) to recover $30,000 for damage to its cotton crop allegedly caused by the application of a contaminated insecticide spray. The complaint stated three counts r two in warranty and one in negligence. The trial court directed a verdict for Cal Spray on the negligence count, and the jury found for Cal Spray on the warranty counts. Eaton brings this appeal from the judgment and directed verdict.

In 1960, Eaton was in the business of growing…