Ewers v. Eisenzopf
Wisconsin Supreme Court
276 N.W. 2d 802 (1979)
- Written by Mike Begovic, JD
Facts
Ewers (plaintiff) purchased numerous items for his saltwater aquarium from Eisenzopf (defendant), the proprietor of the Verona Rock Shop. These items included several seashells, a piece of coral, and a driftwood branch. Before making the purchase, Ewers’s friend asked a salesclerk if the items were suitable for placement in a saltwater aquarium, to which the salesclerk responded that they were suitable if rinsed. Ewers rinsed the items in salt- and tap-water solution after getting home, and then placed the items in his aquarium. Shortly after, Ewers’s 17 fish died. Ewers filed an action in small claims court, alleging breach of express and implied warranty under § 402.313 of the Wisconsin Statutes. The owner of the aquarium shop where Ewers purchased his tank, Ed Duran, testified that the fish died as a result of toxic matter from the decay of the creatures inhabiting the coral and shells. Duran further opined that a weeklong soak in boiling water would have removed the decaying matter. The trial court dismissed Ewers’s claims, concluding that no express or implied warranty arose from the statements made by the salesclerk. The circuit court affirmed, finding that the statements were too vague to constitute a warranty. Ewers appealed.
Rule of Law
Issue
Holding and Reasoning (Coffey, J.)
Dissent (Callow, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
