{
  "id": 2922019,
  "name": "George Ehrat, trading as George Ehrat & Company, Appellee, v. V. Marrone and R. Lofaro, trading as Marrone & Lofaro, Appellants",
  "name_abbreviation": "Ehrat v. Marrone",
  "decision_date": "1917-11-30",
  "docket_number": "Gen. No. 23,140",
  "first_page": "230",
  "last_page": "231",
  "citations": [
    {
      "type": "official",
      "cite": "208 Ill. App. 230"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 160,
    "char_count": 2001,
    "ocr_confidence": 0.538,
    "sha256": "48441d4ea30fd07682914dcccd331b6b0e9b4e82d50d73c5a28e2210e7fffd0f",
    "simhash": "1:d05e6996cc4b8238",
    "word_count": 327
  },
  "last_updated": "2023-07-14T15:40:32.195438+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George Ehrat, trading as George Ehrat & Company, Appellee, v. V. Marrone and R. Lofaro, trading as Marrone & Lofaro, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Goodwin\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Goodwin"
      }
    ],
    "attorneys": [
      "John C. Burchard, for appellants.",
      "Edward J. Kelley, for appellee."
    ],
    "corrections": "",
    "head_matter": "George Ehrat, trading as George Ehrat & Company, Appellee, v. V. Marrone and R. Lofaro, trading as Marrone & Lofaro, Appellants.\nGen. No. 23,140.\n(Not to he reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917.\nAffirmed.\nOpinion filed November 30, 1917.\nStatement of the Case.\nBill by George Ehrat, trading as George Ehrat & Company, complainant, against V. Marrone and B. Lofaro, trading as Marrone & Lofaro, defendants, to restrain the enforcement of a claim against complainant upon which suit had been begun in the Municipal Court of Chicago, in which it had been held that complainant\u2019s claim of set-off could not be entertained because of being for unliquidated damages growing out of another transaction. From a decree for complainant, defendants appeal.\nAbstract of the Decision.\n1. Sales\u2014what does not constitute waiver of buyer\u2019s claim against seller for unliquidated damages for injury to goods in transit. The acceptance of goods by the buyer in ignorance of the fact that the seller had violated the buyer\u2019s instructions to take out insurance in his name does not constitute a waiver of the buyer\u2019s claim against the seller for unliquidated damages growing out of the injury to the goods in transit.\n2. Sales, \u00a7 243 \u2014when implied warranty as to merchantibility of goods exists. In sales of merchandise intended for resale, there is an implied warranty that the goods shall be merchantable.\n3. Sales, \u00a7 387*\u2014what is remedy of purchaser upon breach of warranty of quality of goods. Where there is an express or implied warranty of quality, the purchaser may receive the goods and recover the damages resulting from a breach of the warranty.\nJohn C. Burchard, for appellants.\nEdward J. Kelley, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0230-01",
  "first_page_order": 254,
  "last_page_order": 255
}