Opinion
Gen. No. 41,036. (Abstract of Decision.)
Opinion filed April 10, 1940
SALES, § 261 — improper installation, sufficiency of evidence. Where plaintiff sold defendant a spray booth which both knew defendant sold to a third party, adding his commission to the purchase price, and evidence of third party was to the effect that the installation was very unworkmanlike, plaintiff was not entitled to the purchase price, but lower court should have found for defendant on his counterclaim for loss of profits, drayage and cost of dismantling the booth, but not for storage or five days' time he allegedly lost.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. LEON EDELMAN, presiding.
Judgment reversed and judgment here for defendant against plaintiff for $34.35 and costs. Heard in third division, first district, this court at December term, 1939.
Allen Darlington, for appellant;
Glynn J. Elliott, of counsel;
Irving H. Weiss, for appellee.
"Not to be published in full." Opinion filed April 10, 1940.