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Contracts Keyed to Marshall
Tyson v. Ciba-Geigy Corp.
Citation:
347 S.E.2d 473 (1986)Facts
Plaintiff first argues in support of this assignment of error that the evidence is sufficient for the jury to find that Ciba-Geigy breached an express warranty on the Dual 8E label that the product was reasonably fit for the purposes referred to in the directions for use. The label attached to the Dual 8E delivered to plaintiff contained the following express warranty: “CIBA-GEIGY warrants that this product conforms to the chemical description on the label and is reasonably fit for the purposes referred to in the Directions for Use.” Under the “Directions for Use” the label instructs, “In soybeans, it [Dual 8E] may be applied alone or in combination with Sencor, Lexone, or Lorox in water or fluid fertilizer with conventional ground sprayers.” The label also contains tables describing the necessary amount of Dual 8E per acre when using Dual 8E alone or in conjunction with Sencor, Lexone or Lorox. The label does not contain directions for mixing Dual 8E with Paraquat and a surfactant. Vance Tyson testified that he mixed the Dual 8E with Paraquat and a surfactant and that he did not mix the Dual 8E in accordance with the directions for use on the label.
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Topic Resources
8m 27sTopic Outline 