Killey v. Brown Lynch Scott Co.

Full title: Leonard Killey, Appellant, v. Brown Lynch Scott Company, Appellee

Court: Appellate Court of Illinois

Date published: Feb 14, 1941

309 Ill. App. 432 (Ill. App. Ct. 1941)

32 N.E.2d 671

Opinion

Gen. No. 9,586. (Abstract of Decision.)

Opinion filed February 14, 1941. Rehearing denied April 2, 1941.

SALES, § 164^_ — warranty, as jury question. In action for injuries plaintiff sustained when a metal air pressure sprayer he purchased from defendant exploded, lower court erred in directing verdict for defendant, because question of whether there was a warranty, partly oral and partly written, as result of conversation in which the clerk stated the sprayer purchased was of better construction than another and was the type plaintiff should use for the job, was for the jury to determine.

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

Appeal from the Circuit Court of Warren county; Hon. BURTON A. ROETH, presiding.

Reversed and cause remanded. Heard in this court at October term, 1940.

Charles E. Lauder and Frederick H. Lauder, for appellant;

Safford, Kritzer Fulton and M.G. Soule, for appellee.

Opinion by PRESIDING JUSTICE WOLFE.

"Not to be published in full." Opinion filed February 14, 1941; rehearing denied April 2, 1941.