Opinion
Gen. No. 41,699. (Abstract of Decision.)
Opinion filed February 10, 1942 Rehearing denied February 25, 1942
SALES, § 135 — evidence insufficient as to implied warranty. In an action by plaintiffs to recover a balance due for dies and casting parts of an oil filter manufactured by the defendants, wherein defendants filed a counterclaim contending that the castings were not suitable for the purpose intended and the parts supplied by plaintiff melted under certain operating conditions, the evidence did not show that plaintiffs knew the particular purpose for which the castings were required or that defendants relied on plaintiffs' judgment as to the proper metal to be used and there was no implied warranty of fitness.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. FRANK M. PADDEN, presiding.
Judgment affirmed. Heard in second division, first district, this court at June term, 1941; opinion filed February 10, 1942.
Blake C. Smith, for appellant;
Winston, Strawn Shaw, for appellees;
Douglas C. Moir, of counsel.
"Not to be published in full." Opinion filed February 10, 1942; rehearing denied February 25, 1942.