Legal Opinion
Mulvaney v. Tri State Truck & Auto Body, Inc.
Wisconsin Supreme Court
Decided November 25, 1975No. 140 (1974)PublishedCited by 25 opinions
1Opinion of the CourtHanley, J.
The following issues are presented on appeal:
1. Does sec. 342.15 (1), Stats., provide a warranty of title which may not be excluded or modified by the parties to a vehicle transfer?
2. May waiver and estoppel be applied to bar the application of such warranty?
3. Was a proper amount of damages awarded?
Warranty of title.
As contended by appellant summary judgment is a drastic remedy, Commercial Discount Corp. v. Milwaukee Western Bank (1974), 61 Wis. 2d 671, 214 N. W. 2d 33, which, if granted, deprives the parties of a trial. Village of Fontana-on-Geneva Lake v. Hoag (1973), 57 Wis. 2d 209, 203…
2Cases cited18 opinions
- Hanz Trucking, Inc. v. Harris Brothers Co.Wisconsin Supreme Court · 1965
- Cook v. Industrial CommissionWisconsin Supreme Court · 1966
- Commercial Discount Corp. v. Milwaukee Western BankWisconsin Supreme Court · 1974
- Booth Fisheries Co. v. Industrial CommissionWisconsin Supreme Court · 1924
- W. S. Maxwell Co. v. Southern Oregon Gas Corp.Oregon Supreme Court · 1937
13 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Consumer's Co-Op of Walworth County v. OlsenWisconsin Supreme Court · 1988
- Poston v. United States Fidelity & Guaranty Co.Court of Appeals of Wisconsin · 1982
- Wipperfurth v. U-Haul Co. of Western Wisconsin, Inc.Wisconsin Supreme Court · 1981
- State v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1979
- National Exchange Bank of Fond Du Lac v. MannWisconsin Supreme Court · 1978
20 more not listed; retrieve them via the Exa API.