Peri & Sons Farms, Inc., a Nevada Corporation v. Trical, Inc., a California Corporation

Good Law
2 F.3d 1157·1993 WL 259495·1993 U.S. App. LEXIS 28203
United States Court of Appeals for the Ninth CircuitJuly 8, 199391-16484California2,109 words

Opinion

Opinion

2 F.3d 1157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PERI & SONS FARMS, INC., a Nevada corporation, Plaintiff-Appellant, v. TRICAL, INC., a California corporation, Defendant-Appellee. No. 91-16484. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 4, 1993. Decided July 8, 1993. Before FARRIS, POOLE and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Peri & Son Farms, Inc., ("Peri Farms") purchased a soil fumigant from Trical, Inc. ("Trical"), which Trical applied to one of Peri Farms' onion fields. After suffering severe crop damage the following growing season, Peri Farms sued Trical in Nevada district court for negligence, strict products liability, breach of implied and express warranties, and intentional and negligent misrepresentation. The district court granted Trical's motion for a directed verdict on the strict products liability claim, but denied the same motion regarding the breach of warranty claims. Later, the district court…

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