Herbert v. W. C. Mahon Co.

Appellate Court of Illinois

Herbert v. W. C. Mahon Co.

211 Ill. App. 297

Appellate Court of Illinois·Decided May 14, 1918·No. Gen. No. 23,430·Published

Opinion

Mr. Justice Matchett

delivered the opinion of the court.

3. Sales, § 141* — when seller liable for negligence in selection of articles. In an action by the purchaser of a sealskin coat to recover the purchase price paid thereon on account of defects in the dyes used, even though defendant’s contention, that as the sale was one of a specified article under its patent or trade name there could be no implied warranty of its fitness for any particular purpose, was conceded, defendant might still be held liable for negligence in its selection of the articles delivered.

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Mr. Justice Matchett

delivered the opinion of the court.

3. Sales, § 141* — when seller liable for negligence in selection of articles. In an action by the purchaser of a sealskin coat to recover the purchase price paid thereon on account of defects in the dyes used, even though defendant’s contention, that as the sale was one of a specified article under its patent or trade name there could be no implied warranty of its fitness for any particular purpose, was conceded, defendant might still be held liable for negligence in its selection of the articles delivered.

Herbert v. W. C. Mahon Co., 211 Ill. App. 297 (Ill. Ct. App. 1918).

Pincite

211 Ill. App. 297 (Herbert v. W. C. Mahon Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.