Milwaukee Tank Works v. Metals Coating Co. of America

The following opinion was filed April 3, 1928:

Stevens, J.(1) The first question presented is whether there was an implied warranty that the device would accomplish the purpose for which it was purchased. It was a special mechanism procured to perform a special service. This fact serves to distinguish the case from those in which the buyer purchases an article which is well known and defined in the commercial world, like a cream separator, a gang plow, or a vacuum cleaner. La Crosse Plow Co. v. Helgeson, 127 Wis. 622, 623, 106 N. W. 1094; La Crosse Plow Co. v. Brooks, 142 Wis. 640, 643, 644,…