Tuesday, March 26, 2013

Clifton Jones v. Star Credit Corp. case brief

Clifton Jones v. Star Credit Corp. case brief summary
298 N.Y.S.2d 264

SYNOPSIS:Defendant credit corporation appealed from an order of the trial court (New York), establishing that a freezer unit purchased by plaintiff debtors had a maximum retail value of approximately $ 300, and the sales contract was unconscionable within the meaning of the Uniform Commercial Code, U.C.C. § 3-302 (1964).

OVERVIEW: Plaintiffs, husband and wife welfare recipients, agreed to purchase a home freezer unit from defendant retailer for $ 900. With the addition of time credit charges, credit life insurance, credit property insurance, and sales tax, the purchase price totaled $ 1234. Plaintiffs paid $ 619 toward their purchase, but defendant claimed that with various added credit charges, there was a balance due of $ 819. The trial court established that the freezer unit, when purchased by plaintiffs, had a maximum retail value of approximately $ 300.

HOLDING:
On appeal, the court found that, under the circumstances, the sales agreement was unconscionable within the meaning of the Uniform Commercial Code, U.C.C. § 2-302 (1964).

ANALYSIS:
The defendant was amply compensated, and that the sales agreement was to be reformed and amended by changing the payments called for therein to equal the amount already paid by plaintiffs.

OUTCOME: The court affirmed the order.

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