Toker v. Westerman
District Court, Union County, New Jersey
274 A.2d 78 (1970)
Relevant factsFree
Toker (plaintiff), a door-to-door refrigerator seller, sold Westerman (defendant) a refrigerator for $1,229.76 in 36 installments, though expert testimony established its actual retail value was only $350-400; after Westerman paid $655.85 and refused to pay the remaining $573.89, the trial court found the contract unconscionable and excused the remaining payment.
IssueFree
Whether a contract may be void because it is unconscionable when the price of an item purchased under the contract is so flagrantly excessive that no man of common sense could find the price to be reasonable in relation to the value of the item.