Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 15 (November Term, 1853, to June Term, 1854)
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Two grounds of defense were rehed upon at the trial. First, a warranty, and that the machine did not answer the warranty; and second, fraudulent representations made by the vendor at the time of the sale of the machine and transfer of the right. We have carefully examined the instructions, and in them lind no error. The case seems to have been fairly put to the jury, who found the issues joined for the plaintiff below, and we have now to determine whether the court erred in refusing to set asid...e that verdict. We are of opinion that the evidence not only justified but that it required the ver- dict which was rendered. First, as to the warranty. The Cited: 45 111. 498; 61 111. 267; 78 111. 71 ; 85 111. 268. 1 " An affirmation of quality by the seller at the time of sale, intended as an assurance of fact and relied on by the buyer, constitutes a warranty." Benjamin on Sales, 812, n. 6, Corbin's ed. , citing, among other cases, Crenshaw v. Slye, 52 Md. 140; Mason v. Chappell, 15 Gratt. 572; Ran- dall V.
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