Arctic Engineering Corp. v. Harrison

Sec. 121.69 (2), Stats., lays down the remedies available to a buyer in case of breach of warranty, and then provides that:

“When the buyer has claimed and been granted a remedy in any one of these ways, no other remedy can thereafter be granted.”

Apparently the trial judge considered that, since defendant’s counterclaim had been dismissed, he had been granted a remedy and was entitled to no more. Manifestly, defendant was not granted a remedy by the dismissal of his counterclaim.

Plaintiff urges that we consider the case as though the defendant had at the trial abandoned his claim for…