Hunter v. Finnerty

Action on a promissory note for $350. Answer that plaintiff sold defendants an automobile for $350 with a warranty that it was good and usable, for which they executed the note in suit, and that the automobile was worthless. Defendants counterclaimed for $219 expended in repairs to the automobile to make it usable. Plaintiff contradicted defendants’ story.

The evidence shows that defendants did not reject the car and never actually rescinded the contract to purchase the same. This being so they had the remedies provided for a breach of the warranty, viz., to recoup in diminution or extinction…