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LARSON v. MECKLING FERTILIZER CO.

No. 11734.

243 N.W.2d 167 (1976)

Gene LARSON, Plaintiff and Respondent, v. MECKLING FERTILIZER COMPANY, INC., Defendant and Third-Party Plaintiff and Appellant, v. ELANCO PRODUCTS COMPANY, a Division of Eli Lilly and Company, Third-Party Defendant and Respondent.

Supreme Court of South Dakota.

Decided June 23, 1976.

Attorney(s) appearing for the Case

Frank J. Brady, of Brady, Kabeiseman, Light & Reade, and Steve M. Johnson, Legal Intern, Yankton, for plaintiff and respondent.

Timothy J. Nimick, of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and third-party plaintiff and appellant.

Robert C. Heege, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for third-party defendant and respondent.

DUNN, Chief Justice.

This is an appeal from a jury verdict for the plaintiff in the Circuit Court of Clay County. Defendant maintains on appeal that (1) the evidence was insufficient to submit the case to a jury, (2) the court erred in not limiting damages to the purchase price of the Treflan, and (3) assuming liability, the ultimate responsibility for the verdict should be on the third-party defendant Elanco Products Company. We affirm.

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