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Hoddeson v. Koos Bros.

Superior Court of New Jersey
135 A.2d 702 (1957)


Facts

Hoddeson (plaintiff) visited a store owned by Koos Bros. (defendant) to buy bedroom furniture. When Hoddeson entered the store, a man wearing a suit asked her if he could be of assistance. Hoddeson told the man that she intended to buy certain items that she had previously picked out. The man produced a pad, commenced writing, and told Hoddeson that he calculated $168.50 as the total price for the furniture. Hoddeson gave the man the full amount in cash, but did not receive a receipt. The man told Hoddeson that the items she purchased were out of stock, but would be delivered to her approximately one month hence. The furniture was not delivered, and Koos Bros. refused to issue a refund to Hoddeson, claiming that they had no record of Hoddeson’s purchase. Hoddeson sued Koos Bros. for a full refund. At trial, Koos Bros. argued that they were not liable to Hoddeson because the man who took Hoddeson’s money had impersonated a store salesman without Koos Bros.’ knowledge. The trial court found in favor of Koos Bros.

Rule of Law

Issue

Holding and Reasoning (Jayne, J.)

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