Opinion
Gen. No. 42,380. (Abstract of Decision.)
Opinion filed June 16, 1943 Rehearing denied June 28, 1943
SALES, § 132 — when counterclaim for breach of warranty not barred because of retention for more than reasonable time for inspection. In action to recover balance due on sale and delivery of certain switches manufactured specially by plaintiff for defendant and delivered to defendant, wherein defendant filed counterclaim alleging breach of express and implied warranty in that switches were defective, court erred in rendering judgment in favor of plaintiff on theory that switches had been retained by defendant for more than reasonable time after an opportunity for inspection had been afforded, and that there was no implied warranty of fitness for purpose for which switches were purchased inasmuch as sale had been by sample, where evidence disclosed that sale had not been by sample and that defects were latent and such as could not be discovered except after a certain period of operation (Ill. Rev. Stat. 1941, Ch. 121 1/2, par. 69; Jones Ill. Stats. Ann. 121.73).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. HAROLD P. O'CONNELL, Judge, presiding.
Judgment with respect to plaintiff's claim reversed and judgment here for defendant; judgment with respect to defendant's counterclaim affirmed. Heard in the second division, first district, this court at the October term, 1942.
Adolph A. Rubinson, for appellant;
Charles L. Barrett and John W. Bennett, for appellee.
"Not to be published in full." Opinion filed June 16, 1943; rehearing denied June 28, 1943.