Acme Equipment Corp. v. Montgomery Co-operative Creamery Ass'n

There are three issues involved on this appeal: (1) Existence of an express warranty, (2) breach of the warranty, and (3) right to rescind the contract.

Sec. 121.12, Stats., identical to Uniform Sales Act, sec. 12, defines express warranty:

“Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller’s…