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GRUNWALD v. HALRON

33 Wis.2d 433 (1967)

GRUNWALD, Respondent, v. HALRON, d/b/a HALRON OIL COMPANY, Appellant.

Supreme Court of Wisconsin.

January 10, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Cornelisen, Denissen, Kranzush. & Kuehn, attorneys, and David J. Condon of counsel, all of Green Bay, and oral argument by Mr. Condon.

For the respondent there was a brief by Miller, Pies & Blazkovec of Algoma, and oral argument by George F. Miller.

HEFFERNAN, J.

Did trial court err in instructing on implied warranty?

If the conduct of the defendant herein was actionable it would not be for a breach of warranty, but for negligence in pumping fuel oil into the gasoline tank. It was improper to instruct the jury on implied warranty. The plaintiff's complaint, however, was not defective, for it alleged a cause of action for negligence as well as for implied warranty.

The instructions,

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