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Sales Keyed to Whaley
Jakowski v. Carole Chevrolet, Inc.
Citation:
180 N.J. Super. 122, 433 A.2d 841 (1981)Facts
On March 8, 1980, plaintiff Stanley Jakowski entered into a contract with defendant Carole Chevrolet, Inc. to purchase a new 1980 Chevrolet Camaro with undercoating and polymer coating. The vehicle was delivered on May 19, 1980 without the agreed-upon coatings. The next day, the seller contacted the buyer and instructed him to return the car for application of the coatings. On May 22, 1980, the buyer returned the automobile to the seller’s premises. During the evening of May 22 or morning of May 23, the car was stolen from the seller’s lot and never recovered. The seller refused to provide a replacement vehicle or refund the purchase price, leaving the buyer accountable on the GMAC loan.
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