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Da v. d J. Ross Company, Appellee,

SALES, § 186 — where delay before buyer offers return of goods is occasioned by sellers' eforts to repair. In action to recover purchase price of grinding machine on ground of breach of express warranty, finding that plaintiff had rescinded and had offered to return within reasonable time, as is required by statute, was affirmed, evidence showing that delay between time when plaintiff made original notification of defect and later offer to return was occasioned by defendants' efforts to make machine work properly (Ill. Rev. Stat. 1945, ch. 121 1/2, § 69 (3); Jones Ill. Stats. Ann. 121.73).

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE FRIEND.

Not to be published in full. Opinion filed February 20, 1947; rehearing denied April 3, 1947; released for publication April 3, 1947.

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DAVID J. ROSS CO. v. BLUMBERG
(Feb 20, 1947)