Sears v. Crozier

Citations

• 53 Ill. 245

Syllabus

<p>Warranty of machinery—of repairs thereto. On the sale of a steam boiler, the vendor warranted it of a certain capacitybut it proved defective, and the vendor repaired it. Afterwards, he took the note of the vendee for a balance due on the purchase money, not including the cost of the repairs: Held, the vendor was not entitled to pay for the repairs. He had warranted the boiler; and the fact of taking the note without including .the repairs, tended to show he did not consider himself entitled to pay for them.</p>