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Toker v. Westerman

District Court, Union County, New Jersey
274 A.2d 78 (1970)


Facts

Toker (plaintiff) is a company engaging in door-to-door sales of refrigerators. Toker sold a refrigerator to Westerman (defendant) for a total price of $1,229.76 to be paid in 36 monthly installments of $34.16 each. Westerman paid a total of $655.85 under the contract, but refused to pay the remaining $573.89 due. Westerman alleged that the contract price was “unconscionable” and that the contract for the remaining price was void. Toker brought suit in New Jersey state court against Westerman alleging breach of contract. At trial, Westerman presented an expert witness who testified that the actual value of the refrigerator Toker sold to Westerman was between $350.00 and $400.00. The trial court held that the contract was unconscionable and that Westerman was not liable for the remaining purchase price. Toker appealed.

Rule of Law

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Issue

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Holding and Reasoning (McKenzie, 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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