Carondelet Iron Works v. Moore

Citations

• 78 Ill. 65

Syllabus

<p>1. Contract—time for exercising an option reserved. Where a contract for the purchase of all the iron manufactured up to a certain date, by a company, provided that the proportion of white and mottled iron should not exceed ten per cent of the quantity of gray mill iron, and in case of such excess, the purchaser should have the option to reject such excess: Held, that the purchaser was bound to accept and pay for all the iron manufactured, except as to such excess, and also, that unless the option to reject it was manifested in a reasonable time after the quantities were ascertained, and notice thereof given.</p> <p>2. Warranty—statement in MU rendered not regarded. The mere description of iron sold, as mill iron, in a bill rendered to the purchaser, will not amount to a warranty that the same is of the quality or grade described, but will be regarded as a mere statement or expression of opinion as to the quality.</p> <p>3. Same—words used must show an intent to warrant. While no particular form of words is required to make a warranty, and it is not necessary that the word warrant be used, still it is necessary that such expressions should be used as to show the intention of the party to bind himself to make good the quality of the articles as described or represented, and not a mere statement or expression of opinion as to the quality.</p> <p>4. Fraud—in sale of property, as to quality. Where the purchaser of personal property sees the property before taking possession, and has every opportunity to inspect the same, and no concealment is used on the part of the seller, or representations made respecting the quality, to induce the purchaser not to examine the same, the purchaser can not recover on the ground of fraud and deceit.</p>