Dallum v. Birdsall

Citations

• 66 Ill. 378

Syllabus

<p>1. Wabbaittv&emdash;-form of action for breach. When the , vendor of personal property at the time of a sale makes a verbal warranty of the quality of the thing sold, and agrees to take it back and return the price paid in case the warranty should fail, the action of assumpsit will lie to recover back the money paid, upon a return of the article purchased.</p> <p>2. Same —party to action on. Where a stove was purchased by a relative of the plaintiff, but the latter was present at the time, assisting in selecting the same, if the promise to warrant the stove was made to the plaintiff and for her benefit, she may maintain an action in her own name for a breach of the warranty. In such a case it is immaterial who paid for the stove.</p>