Opinion
Gen. No. 9,571. (Abstract of Decision.)
Opinion filed March 8, 1948 Released for publication April 5, 1948
SALES, § 135 — failure to inspect as precluding implied warranty of fitness. In action for balance of price of used lathe purchased F.O.B. seller's floor for specific purpose and loaded for shipment, at buyer's request, by firm employed by seller, seller was not liable for gears found to be missing upon delivery of lathe at buyer's plant on ground of implied warranty of fitness, where buyer had opportunity to inspect gears at time of purchase but failed to do so (Ill. Rev. Stat. 1947, ch. 21 1/2, pars. 15, 46 (1); Jones Ill. Stats. Ann. 121.19, 121.50 (1)).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the County Court of McLean county; the Hon. ROBERT C. UNDERWOOD, Judge, presiding.
Judgment affirmed. Heard in this court at the February term, 1948.
Costigan, Wollrab Yoder, for appellant;
John E. Cribbet, of counsel;
J. Oscar Hall and Ward, Moore Ward, for appellees.
Not to be published in full. Opinion filed March 8, 1948; released for publication April 5, 1948.