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STAMMER v. MULVANEY

264 Wis. 244 (1953)

STAMMER and others, Copartners, Respondents, vs. MULVANEY, Appellant.

Supreme Court of Wisconsin.

June 2, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by Curley & Sheedy of Milwaukee, and oral argument by Patrick T. Sheedy.

For the respondents there was a brief by Benton, Bosser, Becker & Fulton, attorneys, and Franklin L. Nehs of counsel, all of Appleton, and oral argument by Mr. Nehs and Mr. David L. Fulton.

BROWN, J.

The trial of the counterclaim proceeded on the theory held by plaintiffs and by the court that defendant's cause of action arose out of the sale by plaintiffs of a 300gallon steel septic tank and plaintiffs were not liable for the breach of any promise or warranty concerning it because defendant had not complied with sec. 121.49, Stats., and notified plaintiffs seasonably of the defect and of defendant's intention to claim damages. Marsh Wood Products...

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