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CITY OF STOUGHTON v. THOMASSON LUMBER CO.

No. 02-2192.

269 Wis.2d 339 (2003)

2004 WI App 6

675 N.W.2d 487

CITY OF STOUGHTON, Plaintiff-Respondent-Cross-Appellant, v. THOMASSON LUMBER COMPANY, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided December 23, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of Edward A. Corcoran, Brennan, Steil, Basting & MacDougall, Madison, and T. Gregory Slother, Barr, Murman, Tonelli, Slother & Sleet, Florida. There was oral argument by Edward A. Corcoran.

On behalf of the plaintiff-respondent-cross-appellant, the cause was submitted on the briefs of Richard J. Delacenserie, Alan G.B. Kim, Jr., and Michael A. Dodge, Davis & Kuelthau, S.C., Madison. There was oral argument by Alan G.B. Kim, Jr.

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

¶ 1. VERGERONT, J.

The City of Stoughton filed this action for breach of implied warranty against Thomasson Lumber Company, claiming that 225 telephone poles the City purchased from the company were not merchantable at the time of delivery. After a trial to the court, the court entered judgment against Thomasson Lumber, and Thomasson Lumber appeals. We conclude: (1) the trial court did not erroneously decide that an implied warranty could contain a warranty on...

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