Remedy for breach of warranty: buyer cannot reject goods; may reduce price or sue for damages if further loss occurs. Where a seller breaches a warranty the buyer may not reject the goods solely for that breach; the buyer may set up the breach in diminution or extinction of the price or sue the seller for damages, and relying on diminution or extinction does not prevent suing for further damages if additional loss is suffered.
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Provisions expressly mentioned in the judgment/order text.
Remedy for breach of warranty: buyer cannot reject goods; may reduce price or sue for damages if further loss occurs.
Where a seller breaches a warranty the buyer may not reject the goods solely for that breach; the buyer may set up the breach in diminution or extinction of the price or sue the seller for damages, and relying on diminution or extinction does not prevent suing for further damages if additional loss is suffered.
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