Owens v. Sturges

Citations

• 67 Ill. 366

Syllabus

<p>1. Sale with warranty—vendee's right on hreach of warranty—recoupment. Where a -person purchases a chattel on a warranty as to the soundness or quality, and the contract is executed, on the failure of the warranty the purchaser may recoup the damages sustained by reason of the breach of warranty, from the price of the chattel.</p> <p>2. Sale—when the purchaser may return the property and defeat am, action for the price. Where a contract of sale is unexecuted, or there is a stipulation that the property may be returned if not found to be satisfactory, or if the warranty be accompanied with fraud, in such, cases the vendee may return the property on discovering the breach of warranty; otherwise he has no such right, and must retain the property; but he may, in that case, show the warranty and breach in mitigation of damages, and to reduce the recovery.</p>