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HELLENBRAND v. BOWAR

16 Wis.2d 264 (1962)

HELLENBRAND and another, Plaintiffs and Respondents, v. BOWAR, Defendant and Appellant: I. D. O. FEED & SUPPLY CORPORATION, Impleaded Defendant and Appellant: MCKESSON & ROBBINS, INC., Impleaded Defendant and Appellant.

Supreme Court of Wisconsin.

April 3, 1962.

Attorney(s) appearing for the Case

For the appellant Bowar there were briefs by Petersen, Sutherland, Axley & Brynelson, and oral argument by James C. Herrick, all of Madison.

For the appellant I. D. O. Feed & Supply Corporation, there was a brief by Callahan & Arnold, attorneys, and Elton J. Morrison of counsel, all of Columbus, and oral argument by Carroll B. Callahan.

For the appellant McKesson & Robbins, Inc., there was a brief by W. L. Jackman and Hart, Kraege, Jackman & Wightman of Madison, and oral argument by Mr. Jackman.

For the respondents there was a brief by Charles F. Gilkeson and Richard R. Rynders, both of Madison, and oral argument by Mr. Rynders.

HALLOWS, J.

The appellants raise three questions: (1) Was the notice requirement of sec. 121.49, Stats., satisfied, (2) does the evidence sustain the verdict that there was an express warranty by each of the defendants, and (3) is the verdict sustained on the basis of an implied warranty of fitness?

On the motions after verdict for the first time, the question was raised by the defendants that the plaintiffs had not pleaded or proven notice of breach of warranty...

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