Vendor Liability for Latent Defects vs. Procedural Notification Requirements

A vendor sued a purchaser for the price of goods delivered, but the purchaser alleged that the goods were defective, causing damage to other property, and counterclaimed for indemnity based on a warranty against latent defects. The vendor argued that the action was time-barred because the purchaser failed to comply with the strict procedural requirements for bringing a warranty claim, specifically by not notifying the vendor of the defect within a very short time frame after discovering it, and that the counterclaim for indemnity was therefore inadmissible. The court rejected the appeal, finding that the procedural requirement regarding notification of a latent defect is applicable only when the buyer seeks to rely on the warranty to justify rescinding the sale or obtaining a price reduction, not when the buyer seeks indemnity for damages resulting from the defect, as this is a distinct cause of action based on the vendor's general obligation to warrant against such defects.