American Sanitary Rag Co. v. United States Hoffman Machinery Corp.

The American Sanitary Bag Company, a corporation, filed an amended complaint in two counts in the municipal court of Chicago against United States Hoffman Machinery Corporation. The action arose out of a written contract dated July 10, 1940, under the terms of which plaintiff purchased and defendant sold a rebuilt Troy 54" & 120" Nine Pocket Monel Washer for $2,100. The following clauses appear in the contract: “Machine to be free of mechanical defects for one year. . . . There shall be no liability for breach of warranty, express or implied,' on the part of the seller if any claim arises by…