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Westerm Eng'g. v. Miller-Connell Mfg. Co.

Appellate Court of Illinois, Chicago, First District
Nov 7, 1945
327 Ill. App. 219 (Ill. App. Ct. 1945)

Opinion

Gen. No. 42,811. (Abstract of Decisions.)

Opinion filed November 7, 1945 Released for publication November 27, 1945

PATENTS AND INVENTIONS, § 23when oral representations do not add to warranties of written contract. Where plaintiff brought suit for royalties due from defendant under terms of written agreement by which defendant was granted license by plaintiff to manufacture patented venetian blind device, and defendant's answer averred that plaintiff orally represented and warranted that device was merchantable product, although it did not function properly, and record showed that defendant did produce and sell commercial product, held that oral representations of plaintiff made prior to or at time of making written contract could not add to warranties contained therein.

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

Appeal from the Superior Court of Cook county; the Hon. U.S. SCHWARTZ, Judge, presiding.

Judgment affirmed. Heard in the third division, first district, this court at the October term, 1943.

Bernard Brown, for appellant;

William A. Goldman, of counsel;

Morris Spector and David F. Dockman, for appellee.


Not to be published in full. Opinion filed November 7, 1945; released for publication November 27, 1945.


Summaries of

Westerm Eng'g. v. Miller-Connell Mfg. Co.

Appellate Court of Illinois, Chicago, First District
Nov 7, 1945
327 Ill. App. 219 (Ill. App. Ct. 1945)
Case details for

Westerm Eng'g. v. Miller-Connell Mfg. Co.

Case Details

Full title:Western Engineering Co., Appellee, v. Miller-Connell Manufacturing…

Court:Appellate Court of Illinois, Chicago, First District

Date published: Nov 7, 1945

Citations

327 Ill. App. 219 (Ill. App. Ct. 1945)
63 N.E.2d 621