JONES V. STAR CREDIT CORP. 59 Misc. 2d 189 (1969) CASE BRIEF

JONES V. STAR CREDIT CORP.

59 Misc. 2d 189 (1969)

NATURE OF THE CASE: Star (D) appealed an order establishing that a freezer purchased by Jones (P) 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).

FACTS: P, who are welfare recipients, agreed to purchase a home freezer unit for $900 as the result of a visit from a salesman representing Your Shop At Home Service, Inc. With the addition of the time credit charges, credit life insurance, credit property insurance, and sales tax, the purchase price totaled $1,234.80. Thus far Ps have paid $619.88 toward their purchase. P defaulted. D claims that with various added credit charges paid for an extension of time there is a balance of $819.81 still due from Ps. The uncontroverted proof at the trial established that the freezer unit, when purchased, had a maximum retail value of approximately $300. D questions whether this transaction and the resulting contract could be considered unconscionable within the meaning of section 2-302 of the Uniform Commercial Code.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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