Jakowski v. Carole Chevrolet, Inc.
New Jersey Superior Court
180 N.J. Super. 122, 433 A.2d 841 (1981)
Stanley Jakowski (plaintiff) bought a car from Carole Chevrolet, Inc. (Chevrolet) (defendant) and obtained a loan to finance the purchase. The sales contract provided that the underside of the car would have a protective coating (undercoating) and that the car’s finish would have a polymer coating. The car was delivered to Jakowski without the required coatings. The following day Chevrolet notified Jakowski that the car lacked the required coatings and instructed Jakowski to return the car for application of the coatings. After Jakowski returned the car, it was stolen from Chevrolet’s premises. Chevrolet refused to replace the car or refund the purchase price. Jakowski sued Chevrolet for breach of contract, among other things, and moved for summary judgment on the breach of contract claim.
Rule of Law
Holding and Reasoning (Newman, J.)
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