Houser & Haines Manufacturing Co. v. McKay

Citations

• 53 Wash. 337
• 101 P. 894
• 1909 Wash. LEXIS 1324

Syllabus

<p>Sales — Breach of Warranty — Remedies of Purchaser — Damages Recoverable — Election. Upon the breach of an implied warranty of a combined harvester, the purchaser may elect to rescind the sale and recover the purchase money paid, or he may retain the machine and offset against the purchase price the damages to his crops naturally resulting from the breach; but he cannot, in an action for the price, recover on counterclaim both the purchase money paid, as upon a rescission, and damages to his crops by reason of' the breach of warranty, as the remedies are inconsistent (Dunbar, Chadwick, and Fullerton, JJ., dissenting).</p> <p>Same — Rescission for Breach of Warranty — Pleading—Issues —Measure of Damages. In an action for the purchase price of a combined harvester in which the defendant set up a breach of warranty and claimed damages to his crop in attempting to use the machine, and it appears from evidence admitted without objection that the defendant rescinded the sale and refused to accept the machine, defendants measure of damages is the sum paid on the purchase price; and he cannot recover for damages to his crop (Dunbar, Chadwick, and Fullerton, JJ., dissenting).</p>