Jakowski v. Carole Chevrolet, Inc.
New Jersey Superior Court
433 A.2d 841 (1981)
Relevant factsFree
Jakowski (plaintiff) bought a financed car from Carole Chevrolet (defendant) under a contract requiring undercoating and a polymer finish, but the car was delivered without either coating. The next day, Chevrolet told Jakowski about the missing coatings and had him return the car for the work to be done; the car was then stolen from Chevrolet's lot, and Chevrolet refused to replace it or refund the price. Jakowski sued for breach of contract and moved for summary judgment.
IssueFree
Whether, if delivered goods are nonconforming enough to give the buyer a right to reject them, the seller retains the risk of loss until the defect is cured or the goods are accepted.