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ZELLER v. NORTHRUP KING CO.

No. 84-960.

125 Wis.2d 31 (1985)

370 N.W.2d 809

Francis ZELLER and Jack Zeller d/b/a Zeller Farms, and George Tipler and Gene Tipler d/b/a Tipler Brothers, Plaintiffs-Respondents, v. NORTHRUP KING COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 15, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant, there were briefs and oral argument by David M. Skoglind of Dempsey, Magnusen, Williamson & Lampe, of Oshkosh.

For the plaintiffs-respondents, there was a brief and oral argument by Philip A. Munroe of Di Renzo and Bomier, of Neenah.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Northrup King Company appeals from a judgment entered after a jury determined it made misrepresentations about its soybean seed product. Three issues are raised by Northrup King on appeal. First, it claims that the warranty provisions of Wisconsin's Uniform Commercial Code (UCC) preempt the common-law action for misrepresentation and that therefore the trial court erred by failing to instruct the jury on breach of warranty. We conclude that Northrup...

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