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    SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.
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    Contracts Keyed to Templin

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    Contracts Keyed to Calamari

    Cohn v. Fisher

    Citation:
    118 N.J. Super. 286

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      On Sunday, Donal Fisher (defendant) contacted Albert Cohn (plaintiff) about buying the boat the plaintiff had advertised in the New York Times. After inspecting the boat, the defendant orally offered $4,650 and the plaintiff accepted. On Monday, the defendant gave the plaintiff a check for $2,325 as a deposit and the parties agreed to meet on Saturday for a final payment. A few days later, the defendant contacted the plaintiff stating he could not close the deal on Saturday because a survey of the boat could not be performed by that time. The plaintiff demanded they complete the transaction on Saturday as agreed, but the defendant refused and stopped payment on the deposit check. The plaintiff re-advertised the boat and sold it for $3,000. He then sued the defendant for breach of contract, seeking damages for the price difference and the costs incurred to resell. In defense, the defendant argued that there was no breach of contract because the sale was contingent on a survey inspection of the boat, although he admitted that the parties never discussed this as a condition of sale. The plaintiff moved for summary judgment.

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    Topic Resources

    Topic Video

    Cohn v. Fisher15m 32s
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    Topic Outlines

    Formation of Contracts Defenses to Formation

    Topic Refresher Course

    Statute of Frauds

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    Cohn v. Fisher