#### American Multigraph Sales Company, Defendant in Error, v. Globe Mutual Life Insurance Association, Plaintiff in Error.

Gen. No. 19,328.

(Not to be reported in full.)

Abstract of the Decision.

Sales, § 279 * —when acceptance and use of machine waives warranty. In an action for the purchase price of a multigraph machine, where the defense was that there was a breach of warranty, it appeared that the defendant had kept and used the machine for more than a year from the date of its delivery and that he had *18employed it for other purposes than that referred to in the warranty. Held that such acceptance and use of the machine constituted a waiver of the breach of warranty and that the warranty did not survive acceptance.

*17Error to the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913,

Affirmed.

Opinion filed May 19, 1914.

Statement of the Case.

Action by American Multigraph Sales Company against Globe Mutual Life Insurance Association to recover the purchase price of a multigraph machine and certain accessories. Defendant sought to avoid payment on the ground that it did not comply with a certain warranty. The contract contained the words, “Machine warranted to do work as sample attached.” The sample was one of defendant’s circulars printed on both sides. The machine would print both sides of a circular as shown by the sample with electrotype but not with loose type, and defendant claims that the warranty related to the use of loose type and not electrotype. To reverse a judgment in favor of plaintiff, defendant prosecutes error.

M. H. Hoey, for plaintiff in error.

Haight, Brown & Haight, for defendant in error.

*

See Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Barnes

delivered the opinion of the court.