Pennell v. McAfferty

Citations

• 84 Ill. 364

Syllabus

<p>1. Rescission oe contract—must be in apt time. Where the vendor of an article guarantees the successful working thereof, and agrees to take it back, and refund the purchase money, in case it fails to work as guaranteed, the vendee, if the article does not work well, has the right to rescind the contract, but he must do so within a reasonable time, and if he fails to do so, the vendor may well conclude that he has elected to keep the article, notwithstanding its defective operation.</p> <p>2. Contract of gua/ranty that article sold will work well—proper management required of buyer. Where the vendor of an article guarantees it to work well, it is necessarily implied that the article shall have reasonably good management in its use, and an instruction that the vendee is entitled to recover if the article failed to work well, but which omits this qualification, is not an accurate expression of the law.</p>