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ELI LILLY AND COMPANY v. CASEY

No. 4350.

457 S.W.2d 82 (1970)

ELI LILLY AND COMPANY, Appellant, v. Roy CASEY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 5, 1970.

Concurring Opinion June 19, 1970.

Attorney(s) appearing for the Case

McMahon, Smart, Sprain, Wilson & Camp, Stanley Wilson, Abilene, Oden & Hardie, Barney Oden, Jr., El Paso, for appellant.

George Leonard, Jr., Wagstaff, Alvis, Alvis, Cochran & Leonard, Abilene, for appellee.

GRISSOM, Chief Justice.

Roy Casey sued Eli Lilly and Company in Haskell County for damages. He alleged he purchased Treflan which had been manufactured and placed in commerce by defendant; that Treflan was advertised as a product which, when applied to cotton land, prevented weeds, grass, and the like, from getting into cotton; that it did not prevent such growth in his cotton but stunted his cotton; that defendant breached its implied warranty of fitness or merchantability...

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