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Ramirez v. Autosport

New Jersey Supreme Court
440 A.2d 1345 (1982)


Facts

The Ramirezes (plaintiffs) purchased a camper from Autosport (defendant). The delivery date was set and the Ramirezes arrived to get the camper on that date. However, they noticed several defects with the camper and did not accept it that day. The Ramirezes wanted the camper for summer vacation and contacted Autosport several times to inquire as to when it would be ready. Each time they called they were told the camper was not ready. The Ramirezes visited Autosport on the date on which they were told they could finally pick up the camper, but when they arrived to do so they were left to wait in Autosport’s showroom for over an hour. The Ramirezes visited Autosport one more time, but the parties could not reach an agreement. The Ramirezes filed suit seeking rescission of the contract. Autosport counterclaimed. The trial court held in favor of the Ramirezes, awarding them their trade-in van. Autosport appealed. The Appellate Division affirmed. Autosport appealed to the Supreme Court of New Jersey.

Rule of Law

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Issue

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Holding and Reasoning (Pollock, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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