Cohn v. Fisher
Superior Court of New Jersey, Law Division
287 A.2d 222 (1972)
Relevant factsFree
Fisher (defendant) orally agreed to buy Cohn's (plaintiff) sailboat for $4,650 and, the next day, gave Cohn a signed check for $2,325 with a notation reading "Deposit on aux. sloop, D'Arc Wind, full amount $4,650"; before the scheduled closing, Fisher backed out citing an incomplete survey, stopped payment on the check, and refused to complete the purchase. Cohn resold the boat for $3,000 and sued Fisher for the price difference and resale costs, moving for summary judgment.
IssueFree
Whether an oral agreement for the purchase and sale of a boat for $4,650 is enforceable where the buyer provides the seller a deposit by check that specifies the boat's name and the full purchase price.