Mosesian

—Plaintiff appeals from an adverse judgment in his action for breach of warranty against an agricultural chemical dealer and an agricultural chemical distributor.

In 1958 plaintiff, who had grown grapes for many years, planted grape cuttings for nursery stock. He used a liquid, identified in the agrochemical business as DD, to fumigate his land for protection against nematodes, and the result was satisfactory. DD is a liquid which when injected into properly cultivated soil to a depth of about 9 inches vaporizes and fumigates the soil. To prevent escape of the gas, the top soil is smoothed over and packed or pressed down. The chemical used in 1958 was purchased from and applied by a firm that had no connection with the transaction before us.

The following year, when plaintiff was ready to plant cuttings, he called defendant George Bagdasarian, a dealer in agricultural chemicals, and told him that he intended to plant grape cuttings on a 20-acre parcel of land and a 5-acre parcel, and before planting he wanted both parcels treated for nematodes. Bagdasarian said he knew very little about nematode control but he would call his distributor, defendant California Spray Chemical…