Kaszeski v. Fidelity and Casualty Co‪.‬

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 defendants motion for a finding at the close of plaintiffs case. (Ill. Rev. Stat. 1971, ch. 110, par. 64(5).) Plaintiff contends on appeal that the evidence establishes the creation and breach by the defendant of an express warranty attesting to the used cranes lifting capacity. Defendant responds that the contract between the parties does not include an express warranty.