FONFEREK v. WISCONSIN RAPIDS GAS & ELECTRIC CO.


268 Wis. 278 (1954)

FONFEREK, Appellant, vs. WISCONSIN RAPIDS GAS & ELECTRIC COMPANY, Respondent. WEST BEND MUTUAL FIRE INSURANCE COMPANY, Appellant, vs. SAME, Respondent.

Supreme Court of Wisconsin.

December 7, 1954.


Attorney(s) appearing for the Case

For the appellant Edward C. Fonferek there was a brief by Lehner & Lehner of Princeton, and oral argument by Philip Lehner.

For the appellant West Bend Mutual Fire Insurance Company there was a brief by O'Meara & O'Meara of West Bend, and oral argument by Thomas O'Meara.

For the respondent there was a brief by Brazeau & Brazeau of Wisconsin Rapids, and oral argument by Richard S. Brazeau.


MARTIN, J.

Fonferek's action is based upon alleged breach of warranty. The jury found that the goods sold by defendant were reasonably fit for the particular purpose for which they were required by the plaintiff. This finding is supported by the testimony of plaintiff's witness, C. F. John, state inspector for the industrial commission, who stated that the Bryant heater was an approved appliance and adequate for the purpose for which it was designed. He testified...

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