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Capital Equipment v. North Pier Term. Co.

DECEMBER 5, 1969.

CAPITAL EQUIPMENT ENTERPRISES, INC., PLAINTIFF-APPELLEE,

v.

NORTH PIER TERMINAL COMPANY, A CORPORATION, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. MEYER H. GOLDSTEIN, Judge, presiding. Judgment affirmed.

GOLDENHERSH, P.J.

Defendant, North Pier Terminal Company, appeals from the judgment of the Circuit Court of Cook County entered upon a jury verdict in the amount of $5,416. This action arises out of a transaction in which defendant sold plaintiff a used crane, and is based on the alleged breach of express warranties as to the crane's condition and lifting capacity.

The evidence shows that in the summer of 1961 defendant inserted the following advertisement in a publication called "Industrial Market Place":

"CRANE — Railroad 30-ton McMyler Cummins diesel engine; 55 ft. hvy. duty boom; complete with generator for magnet work. Good condition."

Murray Grainger, plaintiff's president, requested additional information with respect to the crane and defendant replied by letter, which contained the following statements:

"2. This crane is a 30 ton McMyler locomotive crane equipped with a Cummins Diesel, engine, generator, and a 55 ft. boom.

"4. It was rebuilt in 1953 at which time the diesel engine was installed. Some time ago we acquired a much larger crane which is adequate for all our stevedoring activities. Therefore we find that although most serviceable the crane offered for sale is seldom being used."

Plaintiff, a dealer in used equipment, made efforts to sell the crane. Mr. Grainger and Stanley Huggett, defendant's vice president, arranged for a demonstration and inspection, and in July 1962, Grainger came to Chicago in the company of a representative of a prospective customer. The demonstration was conducted by defendant's employees; the crane, which rides on railroad tracks, was driven down the tracks, the cab was rotated, and the boom and lifting line were raised and lowered. No actual lifting was done.

Mr. Grainger testified that he asked defendant's foreman, Mr. Rodriguez, and the crane operator, if the crane could lift 30 tons, and both answered in the affirmative. Rodriguez told him the crane was in "very good condition."

Plaintiff's prospective customer did not buy the crane, and in September 1962, plaintiff bought it. The purchase order upon which the sale was made provides:

"DESCRIPTION

"1-Used Locomotive Crane, Manufactured by McMyler, 30 ton capacity, 55 ft. boom, complete with Cummins Diesel Engine and Generator.

"Prepared for shipment and accepted by the railroad for travel ...


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