A Treatise On the Law of Damages

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In such cases the purchaser has a choice of two remedies: he may rescind the contract and return the article purchased, and recover the price paid, or may stand by the bargain and recover on the warranty the damages he may have sustained, which would be the difference between the value of the property as it is, with the defects, and as it should have been according to the warranty, " to whidi interest is sometimes added. '* § 294. Fraud often accompanies a warranty of quality on the sale of pro...perty, as where there is a knowledge on the part of the vendor of defects covered by the warranty. " And where fraud authorizes a rescission of a sale, but a simple war- ranty does not, if the warranty is also fraudulently made, and with knowledge of defects warranted against, then the vendee may rescind, as well as where there is an exjDress stipulation to that effect, and recover the price paid. '' § 295. The right of the vendee to rescind for a breach of warranty of quality, was recentlv affirmed by the Supreme Court of Iowa, after a full examination of the authorities.

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