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Contracts Keyed to Fuller
Zabriskie Chevrolet v. Smith
Citation:
99 N.J. Super. 441, 240 A.2d 195 (1968)Facts
On February 2, 1967, Smith signed a purchase order for a new 1966 Chevrolet Biscayne Sedan, making a $124 deposit. On February 9, he paid the balance of $2,069.50. The car was delivered to Smith’s wife on February 10. While driving home, the car stalled multiple times and eventually could only be driven in “low-low” gear at 5-10 mph. Smith immediately called his bank to stop payment on the check and notified Zabriskie that he was canceling the sale. The next day, Zabriskie retrieved the car and discovered a defective transmission, which they replaced with a transmission from another vehicle on their showroom floor. Smith refused to accept the repaired car, maintaining that the sale was canceled. The purchase order contained fine print disclaiming all warranties except the New Vehicle Warranty, which Smith did not receive until delivery of the car. This warranty purported to limit remedies to repair or replacement of defective parts.
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