Sturges & Burn Manufacturing Co. v. Root Dairy Supply Co.

Appellate Court of Illinois

Sturges & Burn Manufacturing Co. v. Root Dairy Supply Co.

186 Ill. App. 52, 1914 Ill. App. LEXIS 800

Appellate Court of Illinois·Decided April 21, 1914·No. Gen. No. 19,345·Published

Opinion

Mr. Justice Barnes

delivered the opinion of the court.

2. Sales, § 401*—when evidence insufficient to show breach of warranty. In an action for a balance of the purchase price of milk cans furnished by plaintiff to defendant, a claim of recoupment for breach of a warranty consisting of representations as to the weight of the cans, held not sustained by the evidence. 3. Sales, § 279*—when breach of warranty waived. Where there is a warranty as to the weight and quality of goods sold, and the defects are readily apparent or ascertainable on inspection, the warranty is waived where no complaint is made within a reasonable time after their acceptance.

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Mr. Justice Barnes

delivered the opinion of the court.

2. Sales, § 401*—when evidence insufficient to show breach of warranty. In an action for a balance of the purchase price of milk cans furnished by plaintiff to defendant, a claim of recoupment for breach of a warranty consisting of representations as to the weight of the cans, held not sustained by the evidence. 3. Sales, § 279*—when breach of warranty waived. Where there is a warranty as to the weight and quality of goods sold, and the defects are readily apparent or ascertainable on inspection, the warranty is waived where no complaint is made within a reasonable time after their acceptance.

Sturges & Burn Manufacturing Co. v. Root Dairy Supply Co., 186 Ill. App. 52, 1914 Ill. App. LEXIS 800 (Ill. Ct. App. 1914).

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186 Ill. App. 52 (Sturges & Burn Manufacturing Co. v. Root Dairy Supply Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.