(Download) "City Of Stoughton V. Thomasson Lumber Co." by State of Wisconsin in Court of Appeals District IV " eBook PDF Kindle ePub Free
eBook details
- Title: City Of Stoughton V. Thomasson Lumber Co.
- Author : State of Wisconsin in Court of Appeals District IV
- Release Date : January 23, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
¶1. 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 future performance of the poles, but rather properly considered the generally expected service life of like poles in determining whether these poles were merchantable at the time of delivery under Wis. Stat. § 402.314(2) (2001-02)*fn1 ; (2) the trial court did not err in evaluating the expert testimony; (3) the trial court did not erroneously exercise its discretion in treating pleadings of Thomasson Lumber as admissions of a party opponent; (4) the evidence supported the trial court's findings that the poles did not meet the requirements for merchantability at the time of delivery; and (5) the evidence supported the trial court's finding that the City mitigated its damages. We therefore affirm the judgment against Thomasson Lumber.*fn2
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