The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.
Source: L. 65: p. 1341, § 1. C.R.S. 1963: § 155-2-717.
ANNOTATION
This section allows the buyer to accept the goods and to assert a breach of warranty by way of recoupment in diminution or extinction of the price. Comet Indus., Inc. v. Best Plastic Container Corp., 222 F. Supp. 723 (D. Colo. 1963) (decided under repealed § 121-1-69(1)(a), CRS 53, uniform sales act).