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KLOPPSTEIN v. FRIES

257 Wis. 628 (1950)

KLOPPSTEIN, Respondent, vs. FRIES, Appellant.

Supreme Court of Wisconsin.

November 8, 1950.

Attorney(s) appearing for the Case

For the appellant there were briefs by Godfrey & Godfrey of Elkhorn, and Trinke & Raup of Lake Geneva, attorneys, and Alfred L. Godfrey of counsel, and oral argument by Alfred L. Godfrey.

Sturges P. Taggart and John G. McCollow, both of Lake Geneva, for the respondent.

FAIRCHILD, J.

Upon this appeal it appears that the defendant bought the Gramm boxes because of the hydraulic lifts which were described to him by the plaintiff. The trial court found the facts to be that "plaintiff stated that the hoist would lift up to four tons; defendant relied upon plaintiff's statement and welded the boxes to his wagons before he tried the hoists; the defendant discovered within the first hour ... that the hoist would not lift . . . even a load...

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