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EATON FRUIT CO. v. CALIFORNIA SPRAY-CHEMICAL CORP.

No. 8557.

103 Ariz. 461 (1968)

445 P.2d 437

EATON FRUIT COMPANY, Shannon Tomlinson and Dick Eaton, dba Eaton Cattle Company, Appellants, v. CALIFORNIA SPRAY-CHEMICAL CORPORATION, Appellee.

Supreme Court of Arizona, In Division.

Rehearing Denied October 29, 1968.

Attorney(s) appearing for the Case

Jennings, Strouss, Salmon & Trask, Phoenix, for appellants.

Ryley, Carlock & Ralston, Phoenix, for appellee.

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; 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...

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