Question

Durham owned and operated the Double- D Farm as well as the L. b. Trucking Company. He hired Southern States Cooperative through its representative Richard Thomas to apply herbicides to his field to kill grass and weeds that were smothering his growing crops. Durham had no idea of what chemicals should be applied but indicated that he wanted the job completed the cheapest way possible. Thomas replied, " Will do," and then outlined with some specificity the chemicals he proposed to use for Dunham's fields. The plan included the use of a water- based carrier that was recommended by local experts rather than a nitrogen solution. McClements, the person who actually applied the herbicides, was given instructions by Thomas prior to spraying regarding which chemicals to apply. McClements by mistake used the nitrogen solution, which did not work but instead caused severe damage to Durham's crops. Durham refused to pay Southern for the chemical application. Southern States Cooperative filed a court action to collect payment for the herbicides as well as the labor costs for application. Durham filed a countersuit stating that Southern had breached multiple warranties, both express and implied. Is Durham correct in his counterclaim for breach of multiple warranties?


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  • CreatedSeptember 15, 2015
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