Berry Asphalt Co. v. Apex Oil Products Co.

Henry M. Gallagher, Chief Justice.

Plaintiff sued to recover aN balance of $917.59 alleged to be due- from defendant on the purchase price of eight tank cars of lubricating oil. Defendant admitted the sale and delivery of the oil and counterclaimed for breach of warranty. The case was tried to the court and resulted in findings, conclusions, and an order for judgment for defendant for $339.26. Plaintiff appeals from an order denying its motion for amended findings or a new trial.

Plaintiff, an Illinois corporation with offices in Chicago, is engaged in the business of producing, refining, and…