In February, plaintiff sold defendant a cement mixer with, as defendant claimed, an express warranty. It did not work properly, and attempts were made by both parties to put it in order. Plaintiff refused to aid further, but defendant claimed that plaintiff earnestly requested him to make a further trial. In June, defendant made a payment. In September, he gave up attempts to make the machine work and notified plaintiff to take it back. Plaintiff sued for the balance of the price. Held, by defendant's version of the facts he had at one time a right to rescind. It survived mutual efforts to repair the defects, but was lost after plaintiff refused further cooperation, by delay and the payment. Abram v. Arrighini, 251 Mich. 509, 232 N.W. 196.