2724 ARTICLE 83.

or decree may be unconditional, or upon such terms and conditions as to
damages, payment of the price and otherwise, as to the court may seem just.

An. Code, sec. 90. 1910, ch. 346, sec. 87 (p. 292).

90. (1) Where there is a breach of warranty by the seller, the buyer
may, at his election—

(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 goods and maintain an action against the seller
for damages for the breach of warranty;

(c) Refuse to accept the goods, if the property therein has not passed,
and maintain an action against the seller for damages for the breach of
warranty;

(d) Rescind the contract to sell or the sale and refuse to receive the
goods; or, if the goods have already been received, return them or offer
to return them to the seller and recover the price, or any part thereof,
which has been paid.

(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 knew of the breach of warranty when he accepted the
goods; or, if he fails to notify the seller within a reasonable 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 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 paid,
concurrently with the return of the goods, or immediately after an offer to
return the goods, in exchange for repayment of the price,

(5) Where the buyer is entitled to rescind the sale and elects to do so,
if the seller refuses to accept 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
which has been paid, and with the remedies for the enforcement of such
lien allowed to an unpaid seller by section 74.

(6) The measure of damages for breach of warranty is the loss 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 ab-
sence of special circumstances showing proximate damages of a greater
amount, is the difference between the value of the goods at the time of