 | New Jersey. Supreme Court - Law reports, digests, etc - 1921 - 664 pages
...any promise or warranty (section 49). The buyer may, notwithstanding his acceptance, either set up the breach of warranty by way of recoupment, in diminution or extinction of the price, or maintain an action for damages for breach of warranty. Comp. Stat., p. 4663, § 69. The pleadings... | |
 | South Australia - Law - 1896 - 230 pages
...Set up against the seller the breach of warranty in diminution or extinction of the price ; or (6) Maintain an action against the seller for damages for the breach of warranty : (2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting,... | |
 | Law reports, digests, etc - 1922 - 1138 pages
...therefor." "Where there is a breach of warranty by the seller, the buyer may, at his election: "(a) Accept or keep the goods and set up against the seller,...recoupment in diminution or extinction of the price." It is unquestioned that defendants clearly and absolutely refused to receive the rags under the contract,... | |
 | American Bar Association - Law - 1906 - 474 pages
...Warranty.] (1.) Where there is a breach of warranty by the seller, the buyer may, at his election — (a.) Accept or keep the goods and set up against the seller,...recoupment in diminution or extinction of the price. (6.) Accept or keep the goods and maintain an action against the seller for damages for the breach... | |
 | Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...set up against the seller the breach of warranty in diminution or extinction of the price ; or (i.) maintain an action against the seller for damages for the breach of warranty. (3.) The measure of damages for breach of warranty of quality, fitness, or condition is the estimated... | |
 | American Bar Association - Bar associations - 1921 - 1066 pages
...Warranty] (1) Where there is a hreach of warranty, hy the seller, the huyer may, at his election — (a) Accept or keep the goods and set up against the seller, the hreach of warranty hy way of recoupment in diminution or extinction of the price. (h) Accept or keep... | |
 | Law - 1922 - 262 pages
...retention of the goods after notice given of the defects, will not preclude the buyer from setting up against the seller the breach of warranty by way...recoupment in diminution or extinction of the price. It was not sufficient for defendant to merely deny that the goods delivered corresponded with sample... | |
 | Law reports, digests, etc - 1921 - 972 pages
...of any promise or warranty. Section 49. The buyer may, notwithstanding his acceptance, either set up the breach of warranty by way of recoupment, in diminution or extinction of the price, or maintain an action for damages for breach of warranty. Section 69 (CS p. 4663). The pleadings in... | |
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WARRANTY. (1) Where there is a breach of warranty by the seller, the buyer may, at his election fa) Accept or keep the goods and set up against the seller, the breach of warranty by way of recoupment in diminution or extinction of the price... 
