Avery Planter Co. v. Rigg
Appellate Court of Illinois
Memorandum.—Assumpsit on a promissory note. In the Circuit Court of McDonough County; the Hon. Charles J. Scofield, Judge, presiding. Trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the November term, 1894,
1Opinion of the CourtJustice Boggs
The appellant company sold to the appellees a separator, stacker, etc., for threshing grain, and delivered therewith its written warranty that the machinery, “ with proper handling, after carefully observing and intelligently following our directions stenciled upon the machine and printed * * * will do as good work in threshing grain as any other machine in the United States.” The appellees executed a note in part payment of the machinery. This was, an action to recover upon the note. The defense was an alleged breach of the warranty in this, that the separator failed to separate the grain…
2Cited by1 opinion
- Cook v. AugustusAppellate Court of Illinois · 1916