Contracts
Sales
Named the #9 fastest growing education company in the United States. Thank you for your support!Named the #9 fastest growing education company in the United States. Thank you for your support!
Neri (plaintiff) contracted to purchase a boat from Retail Marine Corp. (Retail) (defendant) for the price of $12,587.40. Neri paid a deposit of $4,250 in consideration for Retail’s agreement to deliver the boat immediately. Approximately six days after executing the agreement, Neri’s lawyer informed Retail that Neri was facing health problems and would be rescinding the contract. The boat had already been ordered, however, and was delivered to Retail at roughly the same time Neri’s letter was received. Retail refused to refund Neri’s deposit, and Neri filed an action to recover the $4,250 already paid. Retail counterclaimed seeking damages for its lost profits, incidental damages, and attorney’s fees. At trial, it was determined that Retail sold the boat four months later for the same price for which it had contracted with Neri. The trial court denied damages amounting to lost profits for Retail, but awarded retail $500 based on its counterclaim. The trial court directed $3,750 to be returned to Neri from his deposit. Retail appealed.
The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.
The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.
The holding and reasoning section includes:
To access this section, start your 7-day free trial of Quimbee for Law Students.
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.