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CHISHOLM v. J.R. SIMPLOT COMPANY

No. 10667.

495 P.2d 1113 (1972)

94 Idaho 628

John F. CHISHOLM and C.M. Manning, Plaintiffs-Appellants, v. J.R. SIMPLOT COMPANY, d/b/a Simplot Soilbuilders and E.I. du Pont de Nemours & Company, a corporation, Defendants-Respondents.

Supreme Court of Idaho.

April 13, 1972.

Attorney(s) appearing for the Case

Parsons & Smith, Burley, for plaintiffs-appellants.

Moffatt, Thomas, Barrett & Blanton, Boise, and Church, Church & Snow, Burley, for respondent, J.R. Simplot Co.

Holden, Holden, Kidwell, Hahn & Crapo, Idaho Falls, for respondent, E.I. du Pont de Nemours & Co.

DONALDSON, Justice.

In 1965, the appellants C.M. Manning and John F. Chisholm entered into a joint farming venture near Malta, Idaho. Respondent E.I. du Pont de Nemours & Company was the manufacturer and respondent J.R. Simplot Company, hereinafter called "Simplot," was the seller of a weed killer called "Lorox," which was purchased by the appellants for use on their potato field. The appellants decided to use Lorox after attending a weed-control meeting, arranged...

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