Schaefer v. Weber

Counsel for the defendant contends that it was error for the trial court to have denied defendant’s motion for a directed verdict. The basis of such contention is that the evidence establishes as a matter of law that plaintiff did not give a proper notice to defendant of the breach of warranty within a reasonable time as required by sec. 121.49, Stats., which provides in part as follows:

“But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know, of such breach,…