Ross v. Faber

The indebtedness of Faber to Ross in the sum of $115.29 is not disputed, but it is conténded by Faber that he is entitled as a matter of iaw to recover on his counterclaim the sum of $150, against which the $115.29 is to be offset. This is because Faber’s testimony, that the value of the purchased truck with the admitted defect in the rear-axle .housing was $150 less than the agreed purchase price, is not directly controverted in the record. •

Sec. 121.69 (-7), Stats., provides that, where the buyer ■ retains the goods, and sets up breach of warranty by way of recoupment in diminution on…