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MORTENSEN v. CHEVRON CHEMICAL CO.

No. 14335.

693 P.2d 1038 (1984)

107 Idaho 836

Steve MORTENSEN, dba Pride Farms Plaintiff-Respondent, Cross-Appellant, v. CHEVRON CHEMICAL COMPANY, a foreign corporation, Defendant-Appellant, Cross-Respondent.

Supreme Court of Idaho.

Rehearing Dismissed January 29, 1985.

Attorney(s) appearing for the Case

John T. Hawley, Gary D. Babbitt, and John F. Kurtz, Jr., Hawley, Troxell, Ennis & Hawley, Boise, for defendant-appellant, cross-respondent.

Theodore Wood, St. Clair, Hiller, Wood & McGrath, Chartered, Idaho Falls, for plaintiff-respondent, cross-appellant.

DONALDSON, Chief Justice.

This appeal involves a claim by plaintiff Mortensen against defendant Chevron for damages to Mortensen's 1979 potato crop. The case arose under the following facts: During 1979, Mortensen planted potato seed in five different sprinkler irrigated fields. The potato seed was obtained from three different sources: (1) from Mortensen's own 1978 potato crop, (2) from a Canadian seed grower, and (3) from Ferrell Black Ranches.

Mortensen...

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