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ACME EQUIP. CORP. v. MONTGOMERY CO-OP. C. ASSO.

29 Wis.2d 355 (1966)

ACME EQUIPMENT CORPORATION, Respondent, v. MONTGOMERY CO-OPERATIVE CREAMERY ASSOCIATION, Appellant.

Supreme Court of Wisconsin.

January 4, 1966.

Attorney(s) appearing for the Case

For the appellant there were briefs by Doherty, Rumble & Butler of St. Paul, Minnesota, and Orr, Isaksen, Werner, Lathrop & Heaney of Madison, and oral argument by Harold Jordan of St. Paul, Minnesota, and Leon E. Isaksen.

For the respondent there was a brief by Callahan, Arnold & Van Metre of Columbus, and oral argument by E. Clarke Arnold.

This case is here on appeal from a judgment awarding Acme Equipment Corporation, plaintiff-respondent, recovery for the purchase price of a used ammonia refrigeration compressor unit which Acme sold to Montgomery Co-operative Creamery Association, defendant-appellant. Montgomery refused to pay the contract price and has defended this action on the theory that Acme breached its warranty by selling the creamery a defective compressor unit.

Montgomery is a creamery co...

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