Conor v. . Dempsey

<p>Plaintiff agreed to manufacture and deliver to defendant two engravers’ stamping presses, and to warrant that they would do defendant’s work without breaking. The presses were manufactured and delivered under the contract, and were accepted and paid for by defendant. Subsequently they were broken while being used in defendant’s business.</p> <p>In an action to recover the purchase-price of other presses, defendant set up the breach of warranty as a counter-claim. Held, that the acceptance and retention of the presses by defendant did not bar him of the right to the counter-claim, and defendant was entitled to his damages, to wit, the difference in value between presses that would do defendant’s work and these broken ones.</p>