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Contracts Keyed to Burton
Toker v. Westerman
Citation:113 N.J. Super. 452, 274 A.2d 78
Toker (plaintiff) sold Westerman (defendant) a refrigerator-freezer for a total purchase price of $1,229.76, which was to be paid in monthly installments of $34.16 each. Westerman made monthly payments but later refused to pay the remaining balance of $573.89. Toker sued to recover the remaining balance on the refrigerator-freezer. Westerman claimed that the refrigerator-freezer was so over-priced as to make the sales contract unenforceable due to unconscionability. At trial, Westerman presented an appliance dealer who had investigated the refrigerator-freezer. The dealer testified that a reasonable retail price for the refrigerator-freezer was between $350 and $400, and the most comparable unit at that time sold for $500.
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