Legal Opinion

Consolidated Papers, Inc. v. Dorr-Oliver, Inc.

Court of Appeals of Wisconsin

Decided December 7, 1989No. 89-0395PublishedCited by 30 opinions

1Opinion of the CourtGartzke, P.J.

Consolidated Papers, Inc., and Arkwright-Boston Manufacturing Mutual Life Insurance Company ("Consolidated") appeal from a summary judgment dismissing their claims against Dorr-Oliver, Inc. They allege that Dorr-Oliver is liable under various theories for the failure of a white liquor clarifier, a machine Dorr-Oliver sold to Consolidated.

We deem the issues to be whether (1) Dorr-Oliver made factual misrepresentations regarding the clarifier; (2) Dorr-Oliver's warranty provisions were part of the contract of sale; and (3) any implied warranty of merchantability is inconsistent with an express…

2Cases cited10 opinions

  1. Grams v. BossWisconsin Supreme Court · 1980
  2. U.S. Oil Co. v. Midwest Auto Care Services, Inc.Court of Appeals of Wisconsin · 1989
  3. State v. Big JohnWisconsin Supreme Court · 1988
  4. Costa v. NeimonCourt of Appeals of Wisconsin · 1985
  5. Chudnow Construction Corp. v. Commercial Discount Corp.Wisconsin Supreme Court · 1970

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3Cited by30 opinions

  1. Badger Pharmacal, Inc., D/B/A Wisconsin Pharmacal Company, Inc. v. Colgate-Palmolive Company and Softsoap Enterprises, Inc.Court of Appeals for the Seventh Circuit · 1993
  2. Grube v. DaunCourt of Appeals of Wisconsin · 1992
  3. People Ex Rel. Peters v. Murphy-KnightAppellate Court of Illinois · 1993
  4. Lefebvre Intergraphics, Inc. v. Sanden MacHine Ltd.District Court, N.D. Illinois · 1996
  5. Associated Randall Bank v. Griffin, Kubik, Stephens & Thompson, Inc.Court of Appeals for the Seventh Circuit · 1993

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