AIR 1956 NAGPUR 221 ::ILR (1956) Nag 411

Nagpur High Court

Hon'ble Judge(s): Mudholkar, Naik , JJ

Sale of Goods Act (3 of 1930) , S.13, S.59— Breach of warranty of quality - Diminution of price - Claim for damages - Measure of Principles. Contract Act (9 of 1872) , S.73— It is settled law that even after the goods have been delivered into the actual possession of the buyer, the performance of the seller's duties may stills be incomplete by reason of the breach of some of the conditions or warranties express or implied whether as to title, or quality, or fitness to which he has bound himself by the contract. In such cases even if there be a breach of a condition, the purchaser by taking delivery under Section 13 elects to treat it as a breach of warranty which under Section 59 entitles him to a diminution or extinction of the price.(Para 11) Where the buyer has set up the breach of warranty of quality in order to claim a diminution of price under Section 59(1)(a) he is entitled to all damages resulting as a natural and ordinary consequence of his breach of contract in supplying a damaged article or an article of an inferior quality than the one contracted for.(Para 12) It ifs well established that damages are a pecuniary compensation for the injury which a party suffers because of the non-performance of a contract by the other contracting party. The law attempts as far as possibl....