MacAndrews & Forbes Co. v. Mechanical Manufacturing Co.

Mr. Presiding Justice Hall

delivered the opinion of the court.

By this appeal, defendant seeks the reversal of a judgment against it for the sum of $37,426.10, and costs of suit. The cause was tried by the court without a jury.

The action is based upon the claim of plaintiff that defendant contracted to manufacture, furnish and deliver to plaintiff, a machine for spray drying licorice by a continuous operation; that by the terms of the contract entered into between the parties, there was both an -implied and express warranty by defendant, that the machine so to be furnished by it would be fit…