Zabriskie Chevrolet v. Smith
Superior Court of New Jersey
99 N.J. Super. 441, 240 A.2d 195 (1968)
Alfred Smith (defendant) signed a purchase order for a new car from Zabriskie Chevrolet, Inc. (Zabriskie) (plaintiff) and provided a deposit of $124. On February 9, 1967, Smith provided Zabriskie with a check for the remaining purchase price. On February 10, 1967, Smith’s wife picked up the car from Zabriskie. Less than a mile from the dealership, the car suffered a mechanical failure and became nearly inoperable. Smith immediately stopped payment on his check and notified Zabriskie that the sale was cancelled. Zabriskie retrieved the car and discovered that the transmission was defective. Zabriskie replaced the transmission with another transmission that was removed from a vehicle on Zabriskie’s showroom floor. Smith refused to accept delivery of the car as repaired and reasserted that the sale was cancelled. Smith then began negotiating for a different new car with Zabriskie. Zabriskie sued Smith for the balance of the purchase price of the original car, and Smith counterclaimed for the return of his deposit.
Rule of Law
Holding and Reasoning (Doan, J.)
What to do next…
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 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead 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.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 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.