Read the following excerpt from a US court opinion:
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(3) the purpose of applying the Eptam was to control weeds; (4) Dillman made an inspection of the field in question; (5) the Cobbs “relied on the expertise of... Dillman... to determine if the Eptam would or would not, in fact, control the visible weeds in said field”; (6) “it is part of... Dillman’s duty ... to make an inspection of the type of weeds and to determine what pesticide would be effec tive on them and to so advise the customer”; and (7) “[t]hat, without the consent or knowledge of [the Cobbs], [Sure Crop] applied Treflan EC to [the Cobbs’] land in question .. . Pursuant to § 2-315, implied warranties are imposed upon goods when and only when they become the subject of a contract for their sale. See, e.g., Hahn v. Atlantic Richfield Co., 625 F.2d 1095 (3d Cir. 1980) ; Dunham-Bush, Inc. v. Thermo-Air Service,
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What is the most suitable continuation to the opinion? Your options are:
A. holding denial of jury trial was harmless because evidence was insufficient to create issue of fact for submission to jury and insurer would have been entitled to directed verdict
B. holding trial court erred in denying defendants motion for arrest of judgment where indictment was insufficient
C. holding that the trial court erred in giving jury instructions that offered alternative theories of murder
D. holding trial court erred when it permitted jury to consider ucc impliedwarranty theories where evidence was insufficient to prove defective product at issue was sold
E. holding that to prevail on strict liability claim for a defective product plaintiff must show the product was defective when it left the defendants possession and control
Reply with [A, B, C, D, E] only.