Wenner v. Gulf Oil Corporation

264 N.W.2d 374 (1978)

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Wenner v. Gulf Oil Corporation

Minnesota Supreme Court
264 N.W.2d 374 (1978)

  • Written by Robert Cane, JD

Facts

Wendell Wenner (plaintiff) purchased Outfox, an herbicide, from Gulf Oil Corporation (defendant). The Outfox label specifically warranted against carryover damage to farmland. The label had no warning regarding application of Outfox to fields previously treated with other herbicides. The label also had a general disclaimer clause. Wenner had the herbicide applied to 134 acres of his 150-acre farm. There were no issues with the application of Outfox until the following year. The wheat planted in the fields that had been sprayed with Outfox were unhealthy and dying. The yield from this wheat was significantly less that the yield from fields that had not been sprayed with Outfox. Soil samples showed that the soil had concentrations of atrazine, an herbicide that had been applied to Wenner’s fields in the past, and cyprazine, the chemical compound in Outfox. The cyprazine had carried over and affected the new crops of wheat. Wenner sued Gulf Oil for breach of warranty. The jury found in favor of Wenner. Gulf Oil appealed.

Rule of Law

Issue

Holding and Reasoning (Iverson, J.)

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