Ramirez v. Autosport
New Jersey Supreme Court
440 A.2d 1345 (1982)
Relevant factsFree
The Ramirezes (plaintiffs) found defects in a camper purchased from Autosport (defendant) on the agreed delivery date and did not accept it; over repeated visits and calls, Autosport never had the camper ready, and after a final visit produced no resolution, the Ramirezes sued for rescission, winning at trial and on appeal, with Autosport appealing further.
IssueFree
Whether a buyer may rescind a contract when delivered goods do not conform precisely to the contract and the seller fails to cure the defects within a reasonable time.