JESKO v. STAUFFER CHEMICAL COMPANY

No. 2602.

558 P.2d 55 (1976)

89 N.M. 786

Rudolf JESKO et al., Plaintiffs-Appellees, v. STAUFFER CHEMICAL COMPANY, a corporation, and Occidental Chemical Company of Texas, a corporation, Defendants-Appellants.

Court of Appeals of New Mexico.

Rehearing Denied December 10, 1976.


Attorney(s) appearing for the Case

Thomas W. Olson, Montgomery, Federici, Andrews & Hannahs, Santa Fe, for Stauffer Chemical Co.

G. Gordon Robertson, Robertson & Robertson, Raton, for Occidental Chemical Co. of Texas.

Charles D. Alsup, Alsup & Jones, Clayton, for plaintiffs-appellees.


OPINION

WOOD, Chief Judge.

Plaintiffs sued for damage to corn crops caused by the chemical, Eradicane. The first two counts of the complaint alleged breach of express and implied warranties. The third count sought to enforce an alleged agreement as to the amount of damage. Defendant Occidental (Occidental Chemical Company of Texas, a corporation) distributed the Eradicane; defendant Stauffer (Stauffer Chemical Company, a corporation) was the manufacturer...

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