Opinion
Gen. No. 43,755. (Abstract of Decision.)
Opinion filed April 2, 1947 Released for publication April 25, 1947
SALES, § 145 — sale by sample. In action by buyer against seller for damages arising out of sale of iron filings by sample for use in pads manufactured by buyer for permanent waving of hair, on ground that filings did not conform to sample because of excess iron oxide and that as result thereof large percentage of pads made from such filings were returned as unfit, trial court was justified in finding in favor of seller, where there was no express warranty, and buyer tested filings to its satisfaction before, during and after manufacture of pads, indicating favorable comparison with sample, and there was no showing that more thorough examination would have shown different comparison (Ill. Rev. Stat. 1945, ch. 121 1/2, par. 16; Jones Ill. Stats. Ann. 121.20).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. BENJAMIN P. EPSTEIN, Judge, presiding.
Affirmed. Heard in the third division, first district, this court at the June term, 1946.
Jesse H. Brown and Benj. Robert Cohen, for appellant;
John S. Charone, for appellee.
Not to be published in full. Opinion filed April 2, 1947; released for publication April 25, 1947.