Jacobs v. Crumbaker
Appellate Court of Illinois
Assumpsit, for the price of a harvesting machine. Appeal from the County Court of McLean County; the Hon. C. D. Myers, Judge, presiding.
1Opinion of the Court
Mr. Presiding Justice Boggs
delivebed the opinion oe the Coubt.
That the machine failed to fulfill the warranty was fully proven, and indeed not seriously controverted. The provision of the warranty, “ that if, upon starting the machine, it should not work well, immediate written notice must be given,” etc., was waived by the agreement that appellant should start the machine, and appellees and an agent of the machine company would come and see that it was working properly, and if not, would remedy the defects, and by the fact they did come and acted upon such agreement without written notice.
The…
2Cited by3 opinions
- Massillon Engine & Thresher Co. v. ShirmerSupreme Court of Iowa · 1904
- Austin Co. v. Tillman Co.Oregon Supreme Court · 1922
- Cook v. AugustusAppellate Court of Illinois · 1916