SILBERNAGEL v. WESTERN FARMERS ASSOCIATION


556 P.2d 1369 (1976)

276 Or. 905

Ray SILBERNAGEL, Appellant, v. WESTERN FARMERS ASSOCIATION, Dba Western Farmers Association, Inc., a Washington Corporation Registered in Oregon, Respondent.

Supreme Court of Oregon, Department 2.

Decided December 9, 1976.


Attorney(s) appearing for the Case

Ira S. Feitelson, Salem, argued the cause and filed briefs for appellant.

Ralph C. Spooner, Salem, argued the cause for respondent. With him on the brief was Bruce W. Williams, Salem.

Before DENECKE, C.J., and McALLISTER, O'CONNELL, and TONGUE, JJ.


McALLISTER, Justice.

The plaintiff, Ray Silbernagel, brought this action against Western Farmers Association to recover damages allegedly caused by the application by Western Farmers of a herbicide known as IPC to a crop of Fawn fescue being grown by plaintiff. Plaintiff alleged his cause of action in four counts, namely, negligence, breach of express warranty, breach of implied warranty of fitness for a particular purpose, and breach of implied warranty of merchantable...

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