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Contracts Keyed to Calamari
George v. Davoli
Facts
This case involves the sale of certain pieces of jewelry on approval. Both the Plaintiff and the Defendant signed a Memorandum of sale (the "Memorandum") documenting the sale of this jewelry. The Memorandum specified that "the Plaintiff was purchasing certain Indian jewelry for the sum of $500.00, but if the jewelry were not acceptable, the seller would accept its return and refund $440.00 of the purchase price to the seller." There is no indication from the Memorandum when the jewelry had to be returned. The trial court allowed the Defendant to testify about an alleged contemporaneous oral agreement between the buyer and seller specifying that the jewelry had to be returned by the following Monday evening or the sale would be treated as consummated. The Defendant was not contacted by the Plaintiff until two days after the orally agreed upon deadline. The Plaintiff wanted $440, but the Defendant refused to pay.
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