Stammer v. Mulvaney

The trial of the counterclaim proceeded on the theory held by plaintiffs arid by the court that defendant’s cause of action arose out of the sale by plaintiffs of a 300-gallon steel septic tank and plaintiffs were not liable for the breach of any promise or warranty concerning it because defendant had not complied with sec. 121.49, Stats., and notified plaintiffs seasonably of the defect and of defendant’s intention to claim damages. Marsh Wood Products Co. v. Babcock & Wilcox Co. (1932), 207 Wis. 209, 240 N. W. 392; Ace Engineering Co. v. West Bend Malting Co. (1943), 244 Wis. 91, 11 N. W.…