ESCANABA VENEER CO. v. HERBERT, 320 Ill. App. 685 (1943)

51 N.E.2d 1004

Gen. No. 42,693. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed December 13, 1943

SALES, § 266[*] — when not error to refuse to direct verdict for buyer sued for amount claimed to be due on sale price. In action to recover amount claimed by plaintiff seller to be due for sale and delivery of quantity of veneer panels of plywood, defended by buyer, who filed counterclaim, on ground of rejection of panels because they were not as ordered and could not be used for purpose for Which they were purchased, held that, under evidence, case was one for jury and that court

Page 686

did not err in refusing to direct verdict for defendant at close of all of evidence.

Appeal from the Superior Court of Cook county; the Hon. E.I. FRANKHAUSER, Judge, presiding.

Judgment affirmed. Heard in the first division, first district, this court at the June term, 1943.

C.J. Morgan and E.A. Halligan, for appellant;

Musgrave, Oppenheim, Price Ewins, for appellee.

Opinion by PRESIDING JUSTICE O’CONNOR.

Not to be published in full. Opinion filed December 13, 1943.