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DIPPEL v. SCIANO

37 Wis.2d 443 (1967)

DIPPEL, Plaintiff and Appellant, v. SCIANO and wife, d/b/a TONY & DOTTIE'S TAVERN and others, Defendants: PIONEER SALES & SERVICE, INC., Respondent.

Supreme Court of Wisconsin.

December 29, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs by Wherry & Wherry, attorneys, and Michael R. Wherry of counsel, all of Milwaukee, and oral argument by Michael R. Wherry.

For the respondent there was a brief by Gibbs, Roper & Fifield of Milwaukee, and oral argument by Richard S. Gibbs.

BEILFUSS, J.

The plaintiff-appellant states the issue to be:

"Does a cause of action based upon breach of implied warranty, arising from the sale of a product intended for use by the general public, exist in the absence of privity of contract between the seller and the ultimate user?"

Under the facts alleged and our view of the law to be applied, we deem the issue to be: Is the lack of privity of contract...

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