Standard Brands Inc. v. Consolidated Badger Cooperative
District Court, E.D. Wisconsin
1Opinion of the Court
TEHAN, District Judge.
This action was brought by the plaintiff to recover the balance of a purchase price it alleges is due to it on a contract for the sale of a cheese manufacturing plant. The defendant admits the execution of the contract but defends its nonpayment of the balance, claiming a set-off arising from expenses incurred by defendant because of a faulty boiler. The defendant claims the benefit of warranties as to the fitness of this boiler.
Plaintiff has moved for summary judgment on the basis of the pleadings, affidavits and depositions on file with the Court. Under Rule 56(c),…
2Cases cited7 opinions
- American Crystal Sugar Co. v. NicholasCourt of Appeals for the Tenth Circuit · 1941
- Drumar Mining Co. v. Morris Ravine Mining Co.California Court of Appeal · 1939
- Moss v. YountCourt of Appeals of Kentucky (pre-1976) · 1944
- Fox v. BoldtWisconsin Supreme Court · 1920
- Valley Refrigeration Co. v. Lange Co.Wisconsin Supreme Court · 1943
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3Cited by2 opinions
- Centennial Ins. v. Vic Tanny International of Toledo, Inc.Ohio Court of Appeals · 1975
- Herman v. Smith, Kline and French LaboratoriesDistrict Court, E.D. Wisconsin · 1968