Rayner v. Rees

Decided April 4, 1895

Appellate Court of Illinois · decided 1895-04-04

Assumpsit, for goods sold and delivered. In the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by plaintiff. Heard in this court at the March term, 1895. Statement op the Case. J. Rayner, a corporation, dealing in mahogany, rosewood, veneer and fancy cabinet woods, sold lumber and veneer, extending over a long period of time, to the Rees brothers, who were manufacturers.

Relies on Luetgert v. Volker

Reversed and remanded · Decided 1895-04-04

Mr. Presiding Justice Waterman

¶1delivered the opinion of the Court.

¶2Under the evidence in this case the defendant was not entitled to any deduction from the purchase price of the lumber because of defects therein. There was no express warranty of quality; the lumber was selected by the defendant and purchased upon inspection; in such case there is no implied warranty. Luetgert v. Volker, 54 Ill. App. 287.

¶3There is a dispute among the witnesses as to whether the defendant should have been charged for the quarter inch mahogany, eight or nine cents a foot. Giving to the defendant the benefit of this and the verdict will remain clearly too small by a substantial sum.

¶4The judgment is therefore reversed and the cause remanded.