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BORCHARD v. WEFCO, INC.

No. 16525.

733 P.2d 776 (1987)

112 Idaho 555

Paul BORCHARD and Katherine Borchard, husband and wife, Plaintiffs, v. WEFCO, INC., an Idaho corporation, Defendant-Cross Claimant-Respondent, v. MONSANTO COMPANY, a foreign corporation, Defendant-Cross Defendant-Appellant.

Supreme Court of Idaho.

March 2, 1987.

Attorney(s) appearing for the Case

Patrick Durick, Bismark, N.D. (argued), and Robert J. Alexander, Twin Falls, (appeared), for appellant.

Charles R. Clark (argued) and James B. Lynch (appeared), Boise, for respondent.

John Kurtz and Albert P. Barker, Hawley Troxell Ennis & Hawley, Boise, for amicus curiae Motor Vehicle Manufacturers Association of the United States, Inc., and Product Liability Advisory Council, Inc.

HUNTLEY, Justice.

Paul and Katherine Borchard purchased Far-Go, a herbicide manufactured by Monsanto Company, from Wefco, Inc. Wefco acquired the herbicide from Monsanto in a sealed container and sold it in the same sealed container. The herbicide was designed to control wild oats in a field of barley, but its application allegedly failed to achieve its intended effect. The Borchards brought action against Monsanto based upon the theories of strict liability in tort...

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