SCHMIEDER v. STANDARD OIL CO. OF INDIANA

No. 429.

69 Wis.2d 419 (1975)

230 N.W.2d 732

SCHMIEDER, Appellant, v. STANDARD OIL COMPANY OF INDIANA, Respondent.

Supreme Court of Wisconsin.

Decided June 30, 1975.


Attorney(s) appearing for the Case

For the appellant there was a brief by Hill, Quale & Hartman of Baraboo, and oral argument by James Hill.

For the respondent there was a brief by Cross, Karch, Langer & Wagner of Baraboo, and oral argument by John Langer.


HANLEY, J.

The sole issue presented upon this appeal is whether Standard Oil accepted Schmieder's equipment and "invoice price" as a matter of law.

Schmieder contends that by Standard Oil's failure to reject the equipment involved until September, 1968, it is required to pay the "invoice price" because it accepted the equipment with knowledge of such price and did not reject the equipment within a reasonable time. Standard Oil does not contend it is not obligated...

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