Title 44, Chapter 12, Section 154
( 44-12-154)
When personal property is sold and the vendor retains the title
until all the purchase money is paid, if the vendor or his assigns
shall bring an action to recover the possession of such personal
property, the defendant in the action may plead as a setoff any
demand or claim that he may have against the plaintiff or may recoup
any damages that he has sustained by reason of any failure of
consideration, any defects in the personal property, or any breach
of contract by the plaintiff whereby the defendant has in any way
been injured or damaged. If the plaintiff elects to take a money
judgment for the value of the property, the amount of the setoff or
damages allowed the defendant by the jury shall be deducted from the
value of the property and the amount allowed for the hire or use
thereof and the plaintiff shall only recover the excess; but, if the
amount of the setoff or damages allowed the defendant shall exceed
the value of the property and the hire thereof, the defendant shall
have judgment against the plaintiff for such excess. If the
plaintiff elects to take a judgment for the property, the amount
allowed the defendant as the setoff or damages shall be a lien on
such property superior to all other liens except liens for taxes. |