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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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