Legal Opinion

Rayner v. Rees

Appellate Court of Illinois

Decided April 4, 1895Published

Assumpsit, for goods sold and delivered. In the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by plaintiff. Heard in this court at the March term, 1895. Statement op the Case. J. Rayner, a corporation, dealing in mahogany, rosewood, veneer and fancy cabinet woods, sold lumber and veneer, extending over a long period of time, to the Rees brothers, who were manufacturers.

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Assumpsit, for goods sold and delivered. In the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by plaintiff. Heard in this court at the March term, 1895. Statement op the Case. J. Rayner, a corporation, dealing in mahogany, rosewood, veneer and fancy cabinet woods, sold lumber and veneer, extending over a long period of time, to the Rees brothers, who were manufacturers. The last sale to them by J. Rayner was made October 2, 1893; the last payment by Rees Brothers to J. Rayner was made by note, dated November…

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

Under the evidence in this case the defendant was not entitled to any deduction from the purchase price of the lumber because of defects therein. There was no express warranty of quality; the lumber was selected by the defendant and purchased upon inspection; in such case there is no implied warranty. Luetgert v. Volker, 54 Ill. App. 287.

There is a dispute among the witnesses as to whether the defendant should have been charged for the quarter inch mahogany, eight or nine cents a foot. Giving to the defendant the benefit of this…

2Cases cited1 opinion

  1. Luetgert v. VolkerAppellate Court of Illinois · 1894

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