Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 8

D. Morris bought a used car from Cutting Motors Inc., but a year and a half later returned the car to Cutting after having numerous problems with it. Morris left the car, its keys, and title documents and asked for a credit of its purchase price ($10,754) toward another car. After several months, Cutting had not found another car, so Morris bought one from another dealer. He asked Cutting to repay him the original purchase price and when Cutting refused, Morris sued for breach of an oral contract. Should Morris be allowed to recover? [Morris v. Cutting Motors Inc., 770 N.Y.S.2d 215 (N.Y. App. Div.)]