Kolberg

Plaintiff sued for damages for loss and injury sustained by him from the use upon his orange orchard of a product manufactured and sold by the defendant known as “Citro-mulsion” and used for the purpose of spraying orange and other citrus trees to destroy scale. Plaintiff had judgment for $6,100, from which the defendant has appealed on a bill of exceptions.

The manufactured article was sold by the agents of defendant to the plaintiff through a dealer under an agreement that the dealer would apply the spray to plaintiff’s orange trees under the direction and control of defendant’s agents. The spray was applied under this arrangement and resulted in serious injury to the trees sprayed and in loss of a large portion of the crop of oranges. Plaintiff sued upon the theory that the manufactured article was inherently dangerous to citrus fruit trees; that this fact was known to the defendant; and that the plaintiff was induced to purchase it and have it applied to his trees through the false representations of defendant’s agents. The cause was tried before the court sitting without a jury and the court made findings of fact in accordance with the allegations of the complaint. The…