Illinois Zinc Co. v. Semple

The opinion of the court was delivered by

Johnston, C. J.:

The Illinois Zinc Company brought this action to recover for a balance alleged to be due for zinc shingles and accessories sold and delivered to the defendant, C. Y. Semple. The plaintiff prevailed, and judgment was rendered against defendant for $10,683.68. Defendant appeals.

There is no substantial question as to the goods sold and delivered and the prices fixed for them, but the defense was that they were sold to defendant under a warranty that they were reasonably fit ■for roofing purposes, whereas they were unfit and in fact…