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RODDIS PLYWOOD CORP. v. DORCHESTER FURNITURE CO.

268 Wis. 17 (1954)

RODDIS PLYWOOD CORPORATION, Appellant, vs. DORCHESTER FURNITURE COMPANY, Respondent.

Supreme Court of Wisconsin.

November 9, 1954.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of Jensen & Nikolay of Medford, and for the respondent on the brief of Leicht, Curran & Scott of Medford.

BROWN, J.

No question is raised concerning the sufficiency of the notice defendant gave to plaintiff of defective materials or of its intention to hold plaintiff in damages.

Plaintiff has treated this action as though defendant attempted to rescind the sale for breach of warranty and failed to make the rescission effective by neglecting to offer to return the materials. Defendant's procedure was not that of rescission...

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