GEORGE V. DAVOLI 397 N.Y.S.2d 895 (1977) CASE BRIEF

GEORGE V. DAVOLI

397 N.Y.S.2d 895 (1977)

NATURE OF THE CASE: This was a dispute over the contract provisions of a sale of jewelry and the admissibility of parol testimony as to when the jewelry could be returned for a refund.

FACTS: P and D agreed to the sale of jewelry. A memorandum of sale was prepared and signed by both parties. It stated that P was purchasing Indian jewelry for $500.00 but if it was unacceptable, P could return it at his option for a refund of $440.00. The memo was silent as to the amount of time P had to return the items. The court allowed D to testify to a contemporaneous oral agreement that the jewelry had to be returned by the following Monday. Since P did not contact D until that next Wednesday D refused to refund the $440.00 when P indicated the jewelry was unacceptable.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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