Zeller v. Northrup King Co.

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 King waived this issue and we decline to address it. Second, Northrup King claims this case was inappropriate for the submission of punitive…