HENDERSON v. COMINCO AMERICAN, INCORPORATED

No. 10779.

518 P.2d 873 (1973)

95 Idaho 690

Walter L. HENDERSON et al., Plaintiffs-Respondents, v. COMINCO AMERICAN, INCORPORATED, a Washington corporation, and FMC Corporation, a Delaware corporation, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied February 7, 1974.


Attorney(s) appearing for the Case

John L. Runft, Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, for defendants-appellants.

Langroise, Sullivan & Smylie, Boise, for plaintiffs-respondents.


McFADDEN, Justice.

This case arises from an action for damages resulting from the application of a herbicide, Sinox PE, in 1967, to peppermint fields of Walter L. Henderson and Darrel Olsen (plaintiffs-respondents).1 Henderson and Olsen purchased Sinox PE from Crop-Serv Company of Nampa, Idaho, an outlet for Cominco American, Inc. (one of the defendants-appellants, hereinafter Cominco). Cominco had, in turn, obtained the Sinox PE from...

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