Tyson v. Ciba-Geigy Corp.

Farmer Tyson (plaintiff) told Farm Chemical (defendant) he needed an herbicide for no-till soybean planting and specifically requested named herbicides, but Farm Chemical instead recommended a cheaper substitute, Dual 8E (manufactured by Ciba-Geigy, also a defendant), assuring Tyson it would 'do a good job'; the herbicide failed to kill Tyson's weeds, resulting in a poor harvest, and Tyson sued for breach of express warranty and implied warranty of fitness for a particular purpose. The trial court dismissed both claims, and Tyson appealed.