Ace Engineering Co. v. Pioneer Brewing

Full title: Ace Engineering Company, Appellee, v. Pioneer Brewing Company, Appellant

Court: Appellate Court of Illinois, First District

Date published: May 5, 1943

319 Ill. App. 113 (Ill. App. Ct. 1943)

48 N.E.2d 770

Opinion

Gen. No. 42,321. (Abstract of Decision.)

Opinion filed May 5, 1943

SALES, § 261^_ — when, as against defense of breach of warranty, judgment for seller is proper. In action for sale price of boiler, where answer admitted signing of contract but claimed failure of warranty to operate satisfactorily, held that case presented a question of fact for the trial judge, and that from the record it could not be said that trial court erred in entering judgment for plaintiff.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. MASON S. SULLIVAN, presiding.

Judgment affirmed. Heard in third division, first district, this court at October term, 1942.

Adam S. Przybyszewski, for appellant;

Edward McTiernan, of counsel;

Moss, Ellman Inlander, for appellee;

Walter E. Moss, of counsel.

Opinion by PRESIDING JUSTICE BURKE.

"Not to be published in full." Opinion filed May 5, 1943.