Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Neri v. Retail Marine Corp.

Court of Appeals of the State of New York
285 N.E.2d 311 (1972)


 

Facts

Anthony 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. However, the boat had already been ordered, and it 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.

Rule of Law

Issue

Holding and Reasoning (Gibson, J.)

What to do next…

  1. 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 496,000 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.

  2. 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.

Here's why 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Who is a lost-volume seller as used in this case? Just wondering.

Want to see this answer?

Sign up for a free 7-day trial and get access to all answers in our Q&A database

Sign up for a FREE 7-day trial

Tempor minim nulla id mollit ullamco consequat aliquip adipisicing irure officia tempor. Magna sit eiusmod laborum proident laboris ex sunt. Non labore ex officia irure qui et laboris aliqua in minim. Labore velit aliqua proident officia cillum occaecat dolore tempor. Ullamco in consequat labore amet laborum proident reprehenderit anim cillum excepteur. Elit do nostrud nisi excepteur sit dolor pariatur fugiat. Nisi incididunt incididunt do est velit excepteur enim excepteur incididunt mollit pariatur. Irure tempor non in esse do. Laboris eiusmod in ad ut enim est duis ad sint veniam eiusmod. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt.