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BABBITT v. MAY

Gen. No. 10,765.

6 Ill. App.2d 85 (1955)

126 N.E.2d 859

Mary B. Babbitt et al., Appellees, v. V. Arthur May, Trading as May Universal Appliances, Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied June 17, 1955.

Released for publication June 20, 1955.

Attorney(s) appearing for the Case

Little, Presbrey & Ohse, of Aurora, for appellant; Merritt J. Little, George W. Presbrey, and C. Robert Ohse, all of Aurora, of counsel.

Sears & Streit, Simpson & Simpson, all of Aurora, for appellees; Edward F. Streit, Robert F. Casey, May R. Simpson, and John P. Simpson, all of Aurora, of counsel.

MR. PRESIDING JUSTICE WOLFE delivered the opinion of the court.

On January 6, 1951, Mary B. Babbitt and Clyde W. Babbitt, her husband, entered the appliance store known as May Universal Appliances, operated by V. Arthur May. They concluded a purchase for a television set and went with the salesman back to the wrapping counter where Mrs. Babbitt observed some electric roasters on some shelves back of where the television set had been placed. The salesman, Mr. Hergenhahn...

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