Editing Neri v. Retail Marine Corp.

'''Facts''': Neri entered into a contract with Defendant to buy a boat. Neri paid a deposit of $4,250. Several days after, he sent notification that he wouldn't be able to buy the boat due to hospitalization and surgery. Defendant didn't return deposit. Defendant later sold the same boat at the agreed price.

'''Procedural History''': Neri filed suit to recover deposit amount. Retail Marine counterclaimed. Trial court awarded $500 to Defendant and ordered that it return the balance of the deposit to Neri. Retail Mairne appealed.

'''Issue''': What measure of damage should be used?

'''Arguments''': Marine argued that it lost profit in the amount of $2,579, and lost incidental costs in storing, upkeeping, insuring, etc. the boat. in the amount of $674. Neri argued that because Marine later sold the boat, they recouped the lost profit. Marine argued that they would've sold two boats instead of the one if Neri hadn't breached contract.

'''Holding''': Marine is entitled to lost profit and incidental damages to total $3,253. Neri recovers the remains of his deposit.

'''Reasons''': UCC § 2-708 governs that lost profit measure + incidental damages is the rule.
[[Category:Cases:Contracts]]
@@ Line 1: / Line 1: @@
-{{Infobox Case Brief
-|court=Court of Appeals of New York
-|citation=334 N.Y.S.2d 165*30 N.Y.2d 393*285 N.E.2d 311 (1972)
-|date=1972
-|subject=Contracts
-}}
 '''Facts''': Neri entered into a contract with Defendant to buy a boat. Neri paid a deposit of $4,250. Several days after, he sent notification that he wouldn't be able to buy the boat due to hospitalization and surgery. Defendant didn't return deposit. Defendant later sold the same boat at the agreed price.
@@ Line 16: / Line 10: @@
 '''Reasons''': UCC § 2-708 governs that lost profit measure + incidental damages is the rule.
+[[Category:Cases:Contracts]]