PHILIP HANO CO. v. CENTRAL METALLIC CASKET CO., 319 Ill. App. 249 (1943)

48 N.E.2d 789

Gen. No. 42,443. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed May 10, 1943

SALES, § 246[*] — burden of proof as to defense that goods did not conform to terms of contract. In action to recover sales price of certain goods manufactured by plaintiff for defendant at latter’s request, wherein defendant by way of defense alleged that contract was not completed and that such goods as were delivered were refused by defendant as defective and not in conformity with terms of contract, trial court did not err in holding that such defense was an affirmative one and that defendant therefore should be required to proceed with his proof.

Appeal from the Municipal Court of Chicago; the Hon. JOHN V. MCCORMICK, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the October term, 1942.

Robert C. Hardy, for appellant;

Teller, Levit Silvertrust, for appellee.

Opinion by PRESIDING JUSTICE MATCHETT.

“Not to be publlshed in full.” Opinion filed May 10, 1943.

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