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BOEHCK CONSTR. EQUIP. CORP. v. H. FULLER & SONS

19 Wis.2d 658 (1963)

BOEHCK CONSTRUCTION EQUIPMENT CORPORATION, Plaintiff, v. H. FULLER & SONS, INC., and another, Defendants.

Supreme Court of Wisconsin.

April 30, 1963.

Attorney(s) appearing for the Case

For the plaintiff there were briefs and oral argument by Thomas J. Bergen of Milwaukee.

For the defendants there were briefs and oral argument by Willis J. Zick of Waukesha.

FAIRCHILD, J.

1. Nature of the defects. There was ample testimony that the backhoe was subject to two types of difficulty which were unusual, at least in degree, for such machines. Overheating caused the clutch and brake bands to work improperly and friction of the machine's cables with themselves or other parts of the machine was excessive, and broke or wore out cables at an unusual rate. Boehck's mechanics and representatives of Insley, the manufacturer,...

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