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Contracts Keyed to Fuller
Ramirez v. Autosport
Citation:
440 A.2d 1345 (1981)Facts
On July 20, 1978, the Ramirezes contracted with Autosport to purchase a new camper van for $14,100, with a $4,700 trade-in allowance for their old van, resulting in a net price of $9,902. When they returned on August 3 to pick up the new van, they discovered several defects: scratched paint, missing electric and sewer hookups, and uninstalled hubcaps. After multiple unsuccessful attempts to get Autosport to complete the preparation of the van, the Ramirezes visited on September 1 but were kept waiting for an hour and a half without assistance. In October, the Ramirezes formally rejected the van and requested the return of their trade-in, but Autosport had already sold it to a third party for $4,995. The Ramirezes sued for rescission of the contract, and Autosport counterclaimed for breach of contract.
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