{
  "id": 2870640,
  "name": "Samantha F. Williams, Appellee, v. J. F. Rowley Company, Appellant",
  "name_abbreviation": "Williams v. J. F. Rowley Co.",
  "decision_date": "1915-12-21",
  "docket_number": "Gen. No. 20,965",
  "first_page": "638",
  "last_page": "639",
  "citations": [
    {
      "type": "official",
      "cite": "195 Ill. App. 638"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 244,
    "char_count": 4171,
    "ocr_confidence": 0.568,
    "sha256": "9f22187be88fe7fdd17801512626da453595cbf8ba98aa0562d91f8ee41ef287",
    "simhash": "1:9f180bb30c2934d2",
    "word_count": 696
  },
  "last_updated": "2023-07-14T18:42:01.145099+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Samantha F. Williams, Appellee, v. J. F. Rowley Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.\n2. Sales, \u00a7 398 \u2014when variance exists between allegation of breach of warranty and proof. In an action to recover for breach of a contract of sale, whereby plaintiff purchased an artificial leg of defendant, where one count in plaintiff\u2019s declaration averred a breach of warranty, evidence held not to support the count although there was evidence of a verbal warranty by defendant, where it appeared that subsequently a written contract containing no warranty was tendered to and accepted by plaintiff.\n3. Evidence, \u00a7 345 \u2014when evidence of parol warranty inadmissible te contradict subsequent written agreement. In an action to recover for breach of a contract whereby plaintiff purchased an artificial leg of defendant, evidence of a verbal warranty of the leg by defendant held properly stricken, where it appeared that a written contract not containing a warranty, but embodying the conditions under which the leg was sold, was subsequently tendered to and accepted by plaintiff.\n4. Sales, \u00a7 404 \u2014when damages not recoverable for lack of proof. In an action to recover for breach of warranty contained in a contract of sale whereby plaintiff purchased an artificial leg of defendant, there is no basis for an assessment of damages where there is no evidence of the value of the leg actually furnished, as the measure of damages is the difference in value between the leg furnished and that which the contract required defendant to furnish.\n5. Sales, \u00a7 401 \u2014when evidence sufficient to show acceptance in action for breach of warranty. In an action to recover for breach of a contract whereby plaintiff purchased an artificial leg of defendant, where it appeared that plaintiff never returned the leg to defendant, although she complained that it did not conform to the contract, evidence held to show an acceptance of the leg.\n6. Sales, \u00a7 388 \u2014when buyer should be required to elect remedy. In an action to recover damages for alleged breach of contract, where in one count plaintiff declares on a breach of warranty and in another count alleges a rescission of the contract, plaintiff should be required to elect which cause of action she would rely upon, for the reason that the remedies are inconsistent, in that an allegation of a breach of warranty implicitly affirms the sale, while a rescission involves a disaffirmance thereof.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "Earl J. Walker, for appellant.",
      "Beach & Beach, for appellee."
    ],
    "corrections": "",
    "head_matter": "Samantha F. Williams, Appellee, v. J. F. Rowley Company, Appellant.\nGen. No. 20,965.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Saxes, \u00a7 398 \u2014when variance exists between allegations of rescission and proof. In an action to recover for breach of a contract of sale, whereby plaintiff purchased an artificial leg of defendant, where a count in plaintiff\u2019s declaration averred a rescission evidence, held not to sustain the count, there being no evidence of a rescission.\nAppeal from the Superior Court of Cook county; the Hon. Marcus A. Kavanagh, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1915.\nReversed with finding of fact.\nOpinion filed December 21, 1915.\nStatement of the Case.\nAction by Samantha F. Williams, plaintiff, against the J. F. Rowley Company, defendant, to recover back the amount paid for an artificial leg. From a judgment for plaintiff for one hundred dollars, defendant appeals.\nIt appeared that plaintiff had retained possession of the leg since delivery and that two years after-wards she came into the factory wearing the leg for the purpose of having some repairs made upon it, and wore it when she left. While she denied that she had used it in the meantime, except for the purpose of testing it, two witnesses testified that it bore evidence of use and wear. She admitted that she tried to use it, but claimed that it did not fit her and that she asked to have her money back, though she never returned or apparently offered to return the leg.\nEarl J. Walker, for appellant.\nBeach & Beach, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0638-01",
  "first_page_order": 664,
  "last_page_order": 665
}