Page:United States Statutes at Large Volume 47 Part 1.djvu/1243

 72d C ONGRESS. SESS. II. CH. 128. FEBRU ARY 27, 1933 . SEC. 664. SPECIFIC PERFORMANCE .-Where the seller has broken a contract to deli ver specific or ascertained good s, a court having the powers of a cour t of equity may, if it thinks fi t, on the applica tion of the buyer, by its judgment or decree, direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. The judgment or decree m ay be un conditio nal, or upon suc h terms a nd condi tions as to damages, payment of the price and otherwise, as to the court may seem just. 1soin orig inal. 1219 Specific perfo rmance. Cross REFERENCE Specit ic perfor mance of obligatio ns genera lly, see section 1 634 et se q. Post, p. 13n. SEC. 655 .1 REMEDIES FOR BREACH OF WARRANTY .-1. Where there is wzen Yf or brea ch a breach of warranty by the seller, the buyer may, at his election of (a) Accept or keep the goods and set up against the seller the breach of warranty by way of recoupment in diminution or extinction of the price ; (b ) Accept or keep the goo ds and m aintain an actio n agains t the seller for damages for the breach of warranty ; (c) Refuse to accept the goods, if the property therein has not passed, and main tain an action a gainst the selle r for damages for the reach of warranty ; (d) Rescind the contract to sell or the sale and refuse to receiv e the goods, or if the goods have already been rec eived, return the m or offer to return them to the seller and recover the price or any part thereof which ha s been p aid. 2. When the buyer has claimed and been granted a remedy in any one of these ways, no other remedy can thereafter be granted. 3. Where the goods have been delivered to the buyer, he can not rescind the sale if he kn ew of the breach of warranty wh en he accepted the goods, or if he fails to notify the seller within a reason- able time of the election to rescind, or if he fails to return or to offer to return the goods to the seller in substantially as good condition as they were in at the time the property was transferred to the buyer. But if deterioration or injury of the goods is due to the breach of warranty, such deterioration or injury shall not prevent the buyer from returning or offering to return the goods to the seller and rescinding the sale. 4 . Where the buyer is entitled to rescind the sale and elects to do so, the buyer shall cease to be liable for the price upon returning or offering to return the goods. If the price or any part thereof has already been paid, the seller shall be liable to repay so much thereof as has been pa id, concurrently with the return of the goods, o r imme- diately after an offer to return the goods in exchange for repayment of the price. 5 . Wher e the buyer is e ntitled to resci nd the sale and elects to do so, if the seller refuses to acept an offer of the buyer to return the goods, the buyer shall thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to secure the repayment of any portion of the price wh ich has be en pa id, and wi th the remed ies f or the enfo rceme nt of such lien allowe d to an un paid Ante, p.1215. seller by section 649. 6. The me asure of d amages for breach of warranty is the l oss directly and, naturally resulting, in the ordinary course of events, from the breach of warranty. 7 . In the case of breach of warranty of quality, such loss, in the absen ce of speci al ci rcums tances show ing p roxima te da mage ofa greater amount, is the difference between the value of the goods at