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ORKIN EXTERMINATING CO. v. GULF COAST RICE MILLS

No. 3798.

343 S.W.2d 768 (1961)

ORKIN EXTERMINATING COMPANY, Inc., Appellant, v. GULF COAST RICE MILLS, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 2, 1961.

Attorney(s) appearing for the Case

The Kempers, John D. Richardson, Houston, for appellant.

Carnes & Martin, Houston, for appellee.

McDONALD, Chief Justice.

Gulf Rice Mills filed this suit against Orkin Exterminating Company. Plaintiff alleged that it entered into a written contract with Orkin in 1952 under the terms of which Orkin was to exterminate and control insects, rodents, and pests in plaintiff's mill; that in August, 1955, Orkin sprayed plaintiff's mill with an insecticide or pesticide known as Lindane; that Lindane is poisonous and prohibited by law to be so used; that the application...

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