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WILSON v. E-Z FLO CHEMICAL COMPANY

No. 119.

189 S.E.2d 221 (1972)

281 N.C. 506

Douglas O. WILSON, Plaintiff, v. E-Z FLO CHEMICAL COMPANY, a Division of Growers Services Corporation, Defendant and Third Party Plaintiff, v. UNIROYAL CHEMICAL, a Division of Uniroyal, Incorporated, Third Party Defendant.

Supreme Court of North Carolina.

June 16, 1972.

Attorney(s) appearing for the Case

Chambliss, Paderick & Warrick, by Joseph B. Chambliss, Clinton, for original defendant and third party plaintiff.

Smith, Anderson, Blount & Mitchell by John L. Jernigan, Raleigh, for third party defendant.

HIGGINS, Justice.

The facts in this case are not in dispute. The evidence is free of any contradiction. The parties admit the plaintiff, a truck farmer, properly prepared his soil and on March 19, 1969, planted eighteen and one-half acres of squash. That day he consulted Mr. Daughtry, an agent of E-Z Flo, stating he needed a pre-emergent herbicide to kill weeds and grass and requested that Mr. Daughtry recommend and supply him with a chemical suitable for immediate...

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