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HYLAND v. GCA TRACTOR & EQUIPMENT CO.

274 Wis. 586 (1957)

HYLAND and another, Appellants, vs. GCA TRACTOR & EQUIPMENT COMPANY, Respondent.

Supreme Court of Wisconsin.

February 5, 1957.

Attorney(s) appearing for the Case

For the appellants there were briefs by William A. Ritchay and Charlton, Yanisch & Binzak, attorneys, and Earl A. Charlton of counsel, all of Milwaukee, and oral argument by Mr. Earl A. Charlton and Mr. Ritchay.

For the respondent there was a brief by Marshutz, Hoffman & Hallows, attorneys, and Alexander Cannon, Martin A. McLaughlin, and Ellis R. Herbon of counsel, all of Milwaukee, and oral argument by Mr. Herbon.

BROWN, J.

Plaintiffs rely on sec. 121.15 (1), Stats., which provides:

"Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose."

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