Hoffman v. Hockfield Bros.

Citations

• 75 Pa. Super. 595
• 1921 Pa. Super. LEXIS 72

Syllabus

<p>Sales — Sales Act — Breach of warranty — Remedy of buyer — Damages.</p> <p>In a sale of personal property where there is a breach of warranty the buyer may keep the goods and set up against the seller the breach of warranty by way of recoupment in diminution or extinction of the price. In the case of such breach the measure of damages is the loss directly and naturally resulting in the ordinary course of events from the breach of warranty. In the absence of special circumstances showing proximate damage of a greater amount, the loss is the difference between the value of the goods at the time of the delivery to the buyer and the value they would have had if they had answered to the warranty.</p> <p>In an action for damages for breach of warranty in the sale of certain furniture, which was warranted to be covered with genuine muleskin and was in fact upholstered with some imitation material, the vendee is entitled to recover the difference between the price he paid for the furniture, and the value of it if it had been as warranted.</p>