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FULWIDER v. FLYNN

No. 11677.

243 N.W.2d 170 (1976)

Frank FULWIDER and Velma Scott, Plaintiffs and Appellants, v. Dennis FLYNN et al., Defendants and Respondents.

Supreme Court of South Dakota.

June 23, 1976.

Attorney(s) appearing for the Case

Gary E. Davis, Gregory, argued the cause for appellants. With him on the brief was Charles Rick Johnson, of Johnson, Johnson & Eklund, Gregory, for plaintiffs and appellants.

William F. Day, Jr., of Day & Grossenburg, Winner, for defendants and respondents.

WOLLMAN, Justice.

Plaintiffs brought suit against defendants for damages to plaintiffs' alfalfa seed crop allegedly caused by defendants' application of Parathion, an insecticide that defendants had applied to plaintiffs' alfalfa in the summer of 1973 to control greenbugs. Plaintiffs' complaint alleged causes of action against defendants on theories of breach of express warranty, breach of implied warranty, and negligence. At the close of all of the evidence, the...

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