Wilber v. Mirabella

Appellate Court of Illinois

Wilber v. Mirabella

205 Ill. App. 472, 1917 Ill. App. LEXIS 1197

Appellate Court of Illinois·Decided May 1, 1917·No. Gen. No. 22,153·Published

Opinion

Mr. Justice McGoorty

delivered the opinion of the court.

2. Sales, § 142*—when purchaser is bound by inspection made. In an action to recover the contract price for two carloads of pota-' toes, where the question of acceptance was in controversy, and it appeared that the potatoes, which were in open sacks, had been in part examined by the defendants, held that the question was not whether there actually was a thorough inspection, but whether there was a reasonable opportunity for such inspection before acceptance, and as the defendant had such opportunity and did in part inspect, the judgment in favor of plaintiff would be affirmed.

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Mr. Justice McGoorty

delivered the opinion of the court.

2. Sales, § 142*—when purchaser is bound by inspection made. In an action to recover the contract price for two carloads of pota-' toes, where the question of acceptance was in controversy, and it appeared that the potatoes, which were in open sacks, had been in part examined by the defendants, held that the question was not whether there actually was a thorough inspection, but whether there was a reasonable opportunity for such inspection before acceptance, and as the defendant had such opportunity and did in part inspect, the judgment in favor of plaintiff would be affirmed.

Wilber v. Mirabella, 205 Ill. App. 472, 1917 Ill. App. LEXIS 1197 (Ill. Ct. App. 1917).

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