Raymond Bros. Impact Pulverizing Co. v. Pennsylvania Black Filler & Paint Co.

Citations

• 42 Pa. Super. 601
• 1910 Pa. Super. LEXIS 389

Syllabus

<p>Sale — Warranty—Rescission—Remedy—Damages—Measure of damages.</p> <p>In an action to recover the price of machinery sold under a warranty, the defendant may give evidence as to the failure of the machinery to meet the warranty, although the contract provided a remedy by rescission by the defendant and a return of the machinery and portion of purchase money paid, if it appears that the defendant had previously declined to avail himself of the remedy by rescission. In such a case the measure of damages is the difference between the value of the machinery warranted and the real value.</p>