ARCTIC ENGINEERING CORP. v. HARRISON


272 Wis. 129 (1956)

ARCTIC ENGINEERING CORPORATION, Respondent, vs. HARRISON, Appellant.

Supreme Court of Wisconsin.

February 7, 1956.


Attorney(s) appearing for the Case

For the appellant there was a brief by Otto M. Schlabach, and oral argument by William J. Sauer and R. M. Schlabach, all of La Crosse.

For the respondent there was a brief by Johns, Roraff, Pappas & Flaherty of La Crosse, and oral argument by Peter G. Pappas.


GEHL, J.

Sec. 121.69 (2), Stats., lays down the remedies available to a buyer in case of breach of warranty, and then provides that:

"When the buyer has claimed and been granted a remedy in any one of these ways, no other remedy can thereafter be granted."

Apparently the trial judge considered that, since defendant's counterclaim had been dismissed, he had been granted a remedy and was entitled to no more. Manifestly, defendant was not granted a remedy...

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