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Contracts Keyed to Summers
Neri v. Retail Marine Corp.
Citation:
30 N.Y.S2d 393, 285 N.E.2d 311
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Neri (plaintiff) contracted to purchase a new boat from Retail Marine Corporation (“Retail”) (defendant) for $12,587.40. Neri initially made a deposit of $40, but later increased the deposit to $4,250 after Retail arranged for immediate delivery of the boat. Six days later, Neri’s lawyer sent Retail a letter rescinding the sales contract. The letter mentioned that Neri was about to undergo hospitalization and surgery, which would prevent him from making further payments on the boat. The boat had already been ordered and was delivered to Neri around the time Retail received the letter. Retail declined to refund Neri’s deposit. Neri sued Retail for breach of contract. At trial, Retail alleged that it lost a $2,579 profit on the sale and also incurred incidental expenses amounting to $674 for storage, upkeep, finance charges, and insurance on the boat. The trial court awarded Retail only $500 in damages and Neri $3,750 in damages.
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