Reports of Cases Decided in the Appellate Courts of the State of Illinois Volume 45
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Reports of Cases Decided in the Appellate Courts of the State of Illinois Volume 45

Reports of Cases Decided in the Appellate Courts of the State of Illinois Volume 45


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Aultman and Co. v. Johnson. C. Aultman and Co. v. Charles Johnson. Sales?IIarrentei?Warranty?Machine To Be Returned If Not Satisfactory?Breach?Failure to Return. Plaintiffs, through their agent, sold to the defendant a harvester, and warranted it in writing to do satisfactory work. In case it did not do satisfactory work, the vendee was to return it to the place where it was received. On trial the machine proved unsatisfactory, but the vendee failed to return it as agreed. In an action for the purchase price, this court holds that as appellee had failed to return the machine, and no waiver of that condition was shown, the breach of warranty did not constitute a complete defense to the action, but could only be set up in mitigation of damages. [Opinion filed December 12, 1892.] Appeal from the Circuit Court of Knox County; the Hon. John J. Glknn, Judge, presiding. On the 1st of June, 1888, the appellee ordered from appellants, through their agent, E. T. Kenney, of Galesburg, a harvester, for which he was to pay $150, as follows: $100 in an interest-bearing note, with security, and $50 in an old machine. The order was subject to a warranty appearing on the back of it in the following language: The machine herewith ordered is warranted, with proper usage and management, to work as well .as any first-class machine, made for the same purpose. If, in one day's trial; it does not perform as above, the purchaser agrees to notify C. Aultman and Co., and the agent within named, and allow them time to get to the machine and remedy the defect, if there be any (if it be of such a nature that a remedy can not be suggested by letter), the purchaser rendering necessary and friendly assistance. If the machine can not be made Vol. 45.] Aultman and Co. v. Johnson. ...


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Product Details
  • ISBN-13: 9780217276108
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 214
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 0217276105
  • Publisher Date: 01 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 390 gr

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Reports of Cases Decided in the Appellate Courts of the State of Illinois Volume 45
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