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CALUMET CHEESE CO. v. CHAS. PFIZER & CO.

25 Wis.2d 55 (1964)

CALUMET CHEESE COMPANY, INC., Plaintiff and Respondent, v. CHAS. PFIZER & COMPANY, INC., Defendant and Appellant: UNION CARBIDE CORPORATION, Impleaded Defendant and Respondent.

Supreme Court of Wisconsin.

September 29, 1964.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Wickham, Borgelt, Skogstad & Powell, attorneys, and Arthur Wickham of counsel, all of Milwaukee, and oral argument by Arthur Wickham.

For the plaintiff-respondent there was a brief and oral argument by Ray T. McCann of Milwaukee.

For the impleaded defendant-respondent there was a brief by Whyte, Hirschboeck, Minahan, Harding & Harland, and Reginald W. Nelson, all of Milwaukee, attorneys, and Ashley Cole of New York, New York, of counsel, and oral argument by Mr. Nelson.

HEFFERNAN, J.

Pfizer's contentions may be grouped in four separate categories:

1. Disclaimer by Pfizer.

Pfizer in defense of the action brought by Calumet relies on a disclaimer printed on the back of eight invoices and seven order acknowledgments. In small print at the bottom of the face of the invoice appears the following:

"This transaction is subject to SELLER'S STANDARD CONDITIONS printed on the back hereof, notwithstanding any...

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