Contracts Keyed to Dawson
Neri v. Retail Marine Corp.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
When the Plaintiffs rescinded, Defendant has already ordered the boat, and refused to refund the deposit. The Defendant was able to sell the boat to someone else for the same price a few months later, but claimed lost profit on the sale and incidental expenses for storage, upkeep, etc. up to the point of resale. The trial court awarded Plaintiffs their deposit less $500 on the defendant’s counterclaim, equaling $3750; and the decision was upheld by the Appellate Division.
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