Tyson v. Ciba-Geigy Corp.

347 S.E.2d 473 (1986)

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Tyson v. Ciba-Geigy Corp.

North Carolina Court of Appeals
347 S.E.2d 473 (1986)

Facts

Upton Tyson (plaintiff) was a farmer. Tyson explained to Farm Chemical (defendant) that Tyson wanted to plant no-till soybeans and needed an herbicide. Tyson requested herbicides called Lasso and Lorox, but Farm Chemical suggested a cheaper herbicide called Dual 8E. Farm Chemical said that Dual 8E would “do a good job.” Dual 8E was manufactured by Ciba-Geigy Corp. (Ciba) (defendant). The Dual 8E herbicide did not kill Tyson’s weeds, and Tyson had a poor soybean harvest. Tyson sued Farm Chemical and Ciba for breach of express warranty and the implied warranty of fitness for a particular purpose. The trial court dismissed both claims, and Tyson appealed.

Rule of Law

Issue

Holding and Reasoning (Hedrick, J.)

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