24 N.E.2d 404

Charles A. Coey and Carrie H. Coey, Appellants, v. R. H. Cary, Appellee.

Gen. No. 40,653. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed December 12, 1939. Rehearing denied December 27, 1939.

SALES, § 254[*] sale of oil heater rather than installation to demonstrate fitness, sufficiency of evidence. In action for damage to building caused by oil heater allegedly installed to demonstrate its fitness to induce sale, there was sufficient evidence to justify trial court in finding that heater was installed pursuant to parol contract of sale, and in entering judgment for defendant on counterclaim for purchase price.

[*] See Callaghan’s Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. FRANCIS BORRELLI, presiding. Affirmed. Heard in third division, first district, at April term, 1939; opinion filed December 13, 1939; rehearing denied December 27, 1939.

Chancellor Chancellor, for appellants; Justus Chancellor, of counsel; Ross D. Netherton, for appellee.

Opinion by JUSTICE BURKE.

“Not to be published in full.”

Page 535

Tagged: