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Ventura v. Ford Motor Corporation

180 N.J. Super. 45, 433 A.2d 801 (1981)

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Ventura v. Ford Motor Corporation

New Jersey Superior Court, Appellate Division

180 N.J. Super. 45, 433 A.2d 801 (1981)

Facts

Giuseppe Ventura (plaintiff) bought a vehicle manufactured by Ford Motor Company (Ford) from Marino Auto Sales, Inc. (Marino) (defendants). The written contract between Marino and Ventura disclaimed all express and implied warranties by Marino or Ford other than those included in Ford’s limited warranty, which provided that Ford would repair or replace certain defective parts within a limited time period. The contract also stated that Marino would perform the obligations under the owner service policy. According to Ford, under the owner service policy, Marino was obligated to make any warranty repairs on Ford’s behalf. The vehicle had several defects. Ventura sued Marino and Ford for rescission of the purchase and a refund of the purchase price. Marino cross-claimed against Ford for indemnification. The trial court granted Ventura rescission of the purchase, awarded Ventura damages against Marino for the purchase price, awarded Marino damages against Ford for indemnification, and awarded attorney’s fees for Ventura against Ford. Ford appealed the judgment against Marino and the award of attorney’s fees.

Rule of Law

Issue

Holding and Reasoning (Botter, J.)

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