Mayer v. Automobile Exchange
Appellate Court of Illinois
Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. Appellant. purchased a second-hand automobile of appellee, who it is said was acting for a third party. Subsequently he“ sued upon two special counts for an alleged breach of warranty of the machine, adding the common counts to the declaration.
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Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. Appellant. purchased a second-hand automobile of appellee, who it is said was acting for a third party. Subsequently he“ sued upon two special counts for an alleged breach of warranty of the machine, adding the common counts to the declaration. The bill of particulars, filed in obedience to an order of court, recites that plaintiff sues to recover $250 paid for the automobile, $5 a month for costs and…
1Opinion of the CourtJustice Freeman
It is urged in behalf of appellant that the Superior Court erred in holding it incumbent on the plaintiff to show the machine had been tendered back to appellee and in excluding all testimony as to defects and damages; that there having been a sale and delivery of the specific chattel accompanied by an express warranty, the vendee had a right to take and use the chattel and sue for damages on the breach of warranty, and was not obliged to tender back the machine.
There was evidence in writing introduced in behalf of appellant tending to show that the machine was “guaranteed to be in perfect…
2Cases cited3 opinions
- Underwood v. WolfIllinois Supreme Court · 1890
- Skinner v. MulliganAppellate Court of Illinois · 1894
- Mayes v. Rogers, Schwartz & Co.Appellate Court of Illinois · 1893
3Cited by3 opinions
- Woodford Distilling Co. v. Remington Typewriter Co.Appellate Court of Illinois · 1912
- Gifford-Wood Co. v. Western Fuel Co.Appellate Court of Illinois · 1918
- Farris v. AlfredAppellate Court of Illinois · 1910