Driscoll v. Duryee

Citations

• 66 Ill. 35

Syllabus

<p>Warranty—sale with privilege of return for breach of wa/rrcmty. In a suit to recover the unpaid price of horses sold, which, it was alleged, were conditionally sold with the privilege of returning the same within thirty days, or a reasonable time after the trade, if they proved unsound, or not true in harness, the defendant asked the court to instruct the jury that if he offered to return the horses for the reason that they were unsound, or not true in harness, and the offer was refused, then he was discharged from any further performance of the contract: Held, that the instruction was properly refused, as it only required the jury to find that the offer to return was made for the reasons stated, when the question of their unsoundness and unwillingness to work at the time of such offer should also have been submitted as a further fact to be found by the jury.</p>