Mills Novelty Co. v. Transeau

Layton, C. J.,

delivering the opinion of the Court:

The Uniform Sales Act is found in Chapter 173, Article 2, Section 5980 et seg., of the Revised Code of 1935. Section 30 of the Article, Rev. Code 1935, § 5980, declares that a contract to sell may be absolute or conditional. Section 98, Rev. Code 1935, § 6048, provides for an election of remedies to the buyer where there is a breach of warranty by the seller; and, under paragraph (1) (a) of the section, the buyer may “accept or keep the goods and set up against the seller, the breach of warranty by way of recoupment in diminution or extinction…