Ramirez v. Autosport

88 N.J. 277, 440 A.2d 1345 (1982)

Facts

Ramirez (P) bought a new van from Autosport (D) and traded in his old van. The simple contract that was signed reflected a $14,100 purchase price and a $4,700 trade in allowance. The net price after tax, title, freight and tags was $9,902. D needed two weeks to prepare the unit and the delivery date was on or about August 3, 1978. When P went to close the deal and pick up the new unit there were a number of defects; paint was scratched, electric and sewer hookups were missing and the hubcaps were not installed. They did not take delivery on August 3rd but waited until told on August 14th that the unit was finally ready. More defects were found in that the cushions were soaking wet and they were still touching up the paint. The manager of D suggested they take the unit and D would replace the cushions later. P counter offered that he would take the van as long as he could withhold $2,000. D refused and P waited until the van was ready. On August 15, D transferred title to the van to P without P's knowledge. Finally P was informed again that the van would be ready on September 1. P waited for 1.5 hours and then left when no one came to assist them. On October 5, P eventually requested the return of his trade in van. The trade in van was never returned and was sold for $4,995 with a claimed repair bill $1,159.62 and a book value of $3,200. P sued on November 20 for rescission and D counterclaimed for breach of contract. The trial court gave the verdict to P and awarded them fair market value for their trade in van. The Appellate Division affirmed and D appealed.