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ALAN WOOD STEEL CO. v. CAPITAL EQUIPMENT

No. 60700.

39 Ill. App.3d 48 (1976)

349 N.E.2d 627

ALAN WOOD STEEL COMPANY, Plaintiff-Appellant, v. CAPITAL EQUIPMENT ENTERPRISES, INC., Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Opinion filed May 24, 1976.

Attorney(s) appearing for the Case

James W. Collins, of Chicago (Boodell, Sears, Sugrue, Giambalvo & Crowley, of counsel), for appellant.

Harry Shriman, of Chicago (Shriman & Feldman, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE BURKE delivered the opinion of the court:

Plaintiff brought an action in February, 1969, to recover the purchase price of a used industrial crane alleging that the crane did not conform to an express warranty given by defendant. The court granted defendant's motion for a finding at the close of plaintiff's case. (Ill. Rev. Stat. 1971, ch. 110, par. 64(5).) Plaintiff contends on appeal that the evidence establishes the creation...

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