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SELZER v. BRUNSELL BROTHERS, LTD.

No. 01-2625.

257 Wis.2d 809 (2002)

2002 WI App 232

652 N.W.2d 806

Peter M. SELZER, Plaintiff-Appellant, v. BRUNSELL BROTHERS, LTD. and St. Paul Fire & Marine Insurance Company, Defendants, MARVIN WINDOWS, INC., Marvin Lumber & Cedar Company, and Marvin Windows of Tennessee, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 29, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of William F. Bauer and Amy F. Scholl of Coyne, Niess, Schultz, Becker & Bauer, S.C., Madison.

On behalf of the defendants-respondents, the cause was submitted on the brief of Thomas A. Piette of Piette Law Firm, S.C., Waukesha and Donald J. Brown and Thomas H. Boyd of Winthrop & Weinstine, P.A., St. Paul, Mn.

Before Vergeront, P.J., Deininger and Lundsten, JJ.

¶ 1. DEININGER, J.

Peter Selzer appeals a judgment dismissing his claims against Marvin Lumber & Cedar Company for damages related to the decay of windows Selzer purchased from Marvin for use in his home.1 Selzer claims Marvin breached an express warranty it made when selling him the windows, as well as an implied warranty arising from the sale transaction. He also claims that a statement in Marvin's product catalog ("all exterior...

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