Opinion
Gen. No. 43,778. (Abstract of Decision.)
Opinion filed February 20, 1947 Rehearing denied April 3, 1947 Released for publication April 3, 1947
SALES, § 186 — where delay before buyer offers return of goods is occasioned by sellers' eforts to repair. In action to recover purchase price of grinding machine on ground of breach of express warranty, finding that plaintiff had rescinded and had offered to return within reasonable time, as is required by statute, was affirmed, evidence showing that delay between time when plaintiff made original notification of defect and later offer to return was occasioned by defendants' efforts to make machine work properly (Ill. Rev. Stat. 1945, ch. 121 1/2, § 69 (3); Jones Ill. Stats. Ann. 121.73).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOHN T. CULBERTSON, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the October term, 1946.
Fein, Altersohn Shender, for appellants;
Edward S. Altersohn, of counsel;
Jesse H. Brown and Benj. Robert Cohen, for appellee.
Not to be published in full. Opinion filed February 20, 1947; rehearing denied April 3, 1947; released for publication April 3, 1947.