BANSBACH v. ALLIED MACHINE WELDING CO

SALES, § 135 — failure to inspect as precluding implied warranty of fitness. In action for balance of price of used lathe purchased F.O.B. seller's floor for specific purpose and loaded for shipment, at buyer's request, by firm employed by seller, seller was not liable for gears found to be missing upon delivery of lathe at buyer's plant on ground of implied warranty of fitness, where buyer had opportunity to inspect gears at time of purchase but failed to do so (Ill. Rev. Stat. 1947, ch. 21 1/2, pars. 15, 46 (1); Jones Ill. Stats. Ann. 121.19, 121.50 (1)).

Opinion by JUSTICE, HAYES.

Not to be published in full. Opinion filed March 8, 1948; released for publication April 5, 1948.