TOKER v. WESTERMAN 274 A.2d 78 (1970) CASE BRIEF

TOKER V. WESTERMAN
274 A.2d 78 (1970)
NATURE OF THE CASE: Toker (P1), seller, filed an action seeking the remaining payments for a refrigerator-freezer sold to Westerman (D), purchaser.
FACTS: Westerman (D) bought a refrigerator from a door-to-door salesman working for People's Food (P). The total price of the unit was $899.98 and included credit life insurance, taxes, and interest, and D was obligated to pay a total of $1,229.76 under an installment sales contract. After paying $655.87, D refused to pay the balance of $573.89. P assigned its rights to Toker (P1) and P1 sued D for breach of contract. D alleged that the purchase price was unconscionable. The reasonable retail price for the unit was $400 at the time of sale. D appealed a judgment for P.

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