Friday, December 27, 2013

Toker v. Westerman case brief

Toker v. Westerman case brief summary
274 A.2d 78 (1970)

Plaintiff seller filed an action seeking the remaining payments for a refrigerator-freezer sold to defendant purchaser.

The seller's assignor sold a refrigerator-freezer to the purchaser under a retail installment contract for $ 1,229.76. The purchaser made payments over a period of time, but resisted payment of the balance in the sum, claiming that the unit was so greatly overpriced as to make the contract unenforceable under N.J. Stat. Ann. § 12A:2-302.


  • The court found in favor of the purchaser and held that it found as shocking and unconscionable that the sale of goods was for approximately two and one-half times their reasonable retail value. 
  • It was particularly so because the sale was made by a door-to-door salesman for a dealer who therefore would have had less overhead expense than a dealer maintaining a store or showroom.

The court found in favor of the purchaser in the seller's action seeking the sum due on a refrigerator-freezer sold to the purchaser.

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