Abram v. Arrighini

Plaintiff sold defendant a cement mixer, manufactured by the Archer Iron Works of. Chicago, and brought this suit to recover the balance of the purchase price. Defendant set up a warranty, breach thereof and rescission. The court below found right to rescind, if any, lost by user of the mixer, and entered judgment for plaintiff. Defendant reviews by writ of error, having saved, by proper procedure, right to have this court pass upon the findings of fact and conclusions of law.

Defendant claimed an express warranty that the mixer would work properly, and, if it did not, plaintiff would take it…