Carle v. Avery Power MacHinery Co.

Hart, C. J.,

(after stating the facts). The warranty clause relied upon by the defendant is in writing and is set out in our statement of facts. It provides that, if within six days from the first starting of the machine, the purchaser is not satisfied that the machine can be made to operate and do work as well as any other machine of the same size, the purchaser shall notify the company by registered mail or telegram addressed to the Avery Power Manufacturing 'Company of Peoria, Illinois, clearly specifying his complaint, and the purchaser shall forthwith discontinue the use thereof pending…