SALES AND NOTICES. 293

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 rem-
edy 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 re-
turning or offering to return the goods to the seller and re-
scinding 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 71.

(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 absence of special circumstances showing proximate
damages of a greater amount, is the difference between the
value of the goods at the time of delivery to the buyer and the
value they would have had if they had answered to the war-
ranty.

SEC. 88. Nothing in this Act shall affect the right of the
buyer or the seller to recover interest or special damages in
any case where by law interest or special damages may be re-
coverable, or to recover money paid where the consideration
for the payment of it has failed.