SWANSON FURNITURE v. ADVANCE TRANSFORMER

No. 81-470.

105 Wis.2d 321 (1982)

313 N.W.2d 840

SWANSON FURNITURE COMPANY OF MARSHFIELD, INC., a corporation, Lawrence W. Swanson, and Iowa National Mutual Insurance Company, Plaintiffs-Appellants, v. ADVANCE TRANSFORMER COMPANY, a corporation, General Electric Company, a corporation, and Scott & Fetzer Company, a corporation, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided January 5, 1982.


Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Thomas N. Hayden and Zappen, Meissner, Oestreicher, Craig & Hayden of Marshfield; and Mark J. Feinberg, David E. Bland and Robins, Zelle, Larson & Kaplan of Minneapolis, Minnesota.

For Advance Transformer Company the cause was submitted on the brief of John Theiler Bode and Hippenmeyer, Reilly, Arenz, Molter, Bode & Gross, S.C., of Waukesha.

For General Electric Company the cause was submitted on the brief of James E. Garvey and Garvey, Anderson, Kelly & Ryberg, S.C., of Eau Claire; and Wright W. Brooks, Martin N. Burke, Winthrop A. Rockwell and Faegre & Benson of Minneapolis, Minnesota.

For Scott & Fetzer Company the cause was submitted on the brief of Hiram D. Anderson, Jr., Thomas W. Bertz and Anderson, Fisher, Shannon, O'Brien & Rice, attorneys, and Joseph R. Pfiffner, of counsel, all of Stevens Point.


On by-pass from Court of Appeals.

STEINMETZ, J.

This court granted the petition to bypass the court of appeals filed by the plaintiffs.

There are two issues raised in this appeal. They are:

(1) Whether sec. 893.155, Stats. 1977,1 applies to manufacturers of a product and its component parts incorporated into an improvement to real property. The trial court answered "yes." We disagree and, therefore, reverse.

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