152 Wis. 408 | Wis. | 1913
In this action for a balance due on notes given for tbe purchase price of a clothes-eleaning outfit and extra tank, a verdict was directed for the plaintiff. The plaintiff was a foreign corporation and not licensed to do business in the state of Wisconsin, but the merchandise in question when sold was in Indiana, where the plaintiff was domiciled, and thereafter shipped to the defendants at Superior, Wisconsin, pursuant to such sale. The contract was therefore a transaction of interstate commerce and valid notwithstanding the provisions of sec. 1770b, Stats. F. A. Patrick & Co. v. Deschamp, 145 Wis. 224, 129 N. W. 1096.
Two questions arise, namely: (1) Was there a warranty in the written contract? (2) Was there sufficient evidence of a breach to go to the jury ? The contract is for the purchase of
“1 Power Pump, Cut 250 Semi-Auto Gasoline.
1 Master Trap.
2 Button Traps.
1 2-bbls. L. D. type C, gauge 14, Cut Tank — New Gasoline.
1 2-bbls. H. B. type C, gauge 14, Cut Tank — Distilled Gasoline.
2 3-bbls. H. B. type C, gauge 14, Cut Tank — Settling Gasoline.”
with “all necessary valves, piping, unions and fittings to connect up, two washers, still, extractor and scouring table—
“To purchaser: We guarantee all goods of our manufacture to be as represented in our catalogs; and if in transportation they get damaged so they do not work correctly, we will, if the facts are reported to us, make them right without charge, and free of transportation to purchaser. Furthermore, we agree to correct any defects due to imperfect material or workmanship which may develop within three years from date of invoice, making no charge for same.
“S. F. Bowses, & Co. Inc.”
In the catalogue in evidence occurs the following:
“Bowser’s Dry Cleaner’s Pumps, Cuts 250 and 251. These pumps are the most rapid in operation made for the use mentioned, they being designed for just such work. . . . The pumps are semi-automatic in operation, they are started by a lever, which can be so arranged as to operate it from any washer, and are stopped automatically when the valve at washer is closed. In this style the pump will be built with ■a twelve branch header which will be standard and where a smaller tank installation is used, the unused openings will be plugged, thus providing for the extension of the storage system without the need of changing the pump or header.”
Also: “The illustration on preceding page shows a complete one pump, six tank equipment. On the right are three tanks for clean gasoline, while on the left are three for settling purposes. Original gasoline is delivered into the ‘new’ tank. After washing, the dirty gasoline is returned to ‘settled’ tanks and allowéd to settle. Gasoline used especially for rinsing is kept in the ‘rinsing’ tank, and that which has been put through the still is carried in the ‘distilled’ tank. This drawing shows the suction lines to the left leading to the pump, the vent pipes on the right, terminating in a double goose-neck above the building, the return drain and the wells over tanks leading to the surface of the ground. One pump takes care of the complete operation, pumping to and from*411 any tank and any washer, still,' filter, and from wasber to washer.”
It is quite apparent that there is here contained, first, a warranty that the goods are to be as represented in the cata-logue, and that the catalogue represents that one pump takes care of the complete operation, pumping to and from any tank and any washer, still, filter, and from washer to washer. The damages for breach of this warranty are not stipulated, and must consist of a money judgment. Another and independent provision of the warranty relates to damages in transportation, and if these damages prevent the appliance from working correctly the remedy is stipulated; that is, if the facts are reported to the seller it will make the goods right without charge and free of transportation. A third independent and additional stipulation, beginning with the word “furthermore,” covers defects in the sold article due to imperfect material or workmanship and developing within three years from the date of invoice. In such case .these defects are to be made good by the seller without charge to the purchaser. A two-pump outfit is also offered in the same cata-logue, one of the pumps handling the clean gasoline and the other the gasoline from the settling tanks contaminated by former use. A complete outfit of tanks with one pump contains one tank for new gasoline, one distilling tank, one rinsing tank, and three settling tanks. The defendants purchased by their first contract above quoted only four tanks, cutting out entirely the rinsing tank and one of the settling tanks. An additional tank was purchased from the respondent later, but we are not informed what this latter tank was for. The outfit purchased seems appropriate for the cleaning of colored garments because of the impossibility of pumping the new gasoline or gasoline used for the first time except through the same pump which must be used for pumping the discolored or contaminated gasoline from the settling tanks to the other washers.
The defendants offered evidence tending to show that when
No other question seems to deserve notice. It follows that tbe circuit court was right in directing a verdict for plaintiff, and tbe judgment must be affirmed.
By the Gourt. — Judgment affirmed.