Stark & Son v. Licastro

Decision Date22 November 1941
Docket NumberNo. 410.,410.
Citation127 N.J.L. 380,22 A.2d 768
PartiesSTARK & SON v. LICASTRO.
CourtNew Jersey Supreme Court

Syllabus by the Court.

Under the Conditional Sales Act, R.S. Chapter 46, N.J.S.A. 46.32-1 et seq. where there has been a retaking, and less than fifty per cent. has been paid, and the seller, voluntarily resells, the act fixes no time limit for such resale, and the rule of reasonable time applies.

Appeal from District Court.

Suit by Stark & Son against Phil Licastro arising out of conditional sale of gas range by plaintiff to defendant. From an adverse judgment, the plaintiff appeals.

Reversed.

Argued October term, 1941, before PARKER, DONGES, and COLIE, JJ.

Feder & Rinzler, of Passaic, for appellant.

No appearance for respondent.

PARKER, Justice.

The suit arises out of the conditional sale of a gas range by plaintiff-appellant to defendant-respondent. The purchaser defaulted in the payments and the seller re-took the property. There was an unpaid balance of $127.14 which was more than fifty per cent. of the purchase price. The case was therefore within R.S. 46:32-26, N.J.S.A. 46 :32-26, originally enacted in this State as Section 20 of the Uniform Conditional Sales Act, first appearing in our statutes as Chapter 210 of P.L.1919, Section 20 being at page 468.

The cases covered by Section 19, N.J.S. A. 46:32-25, i. e. where more than fifty per cent. has been paid, the seller "must" sell the goods at auction within thirty days after the retaking. In cases under Section 20, the seller may resell, but is not required to do so unless the buyer serves a demand in writing within ten days; in which case, "the resale shall take place within thirty days after the service, in the manner, at the place and upon the notice prescribed in" the former section 19. Section 20, now R.S. 46:32-26, concludes with the following sentence: "The seller may voluntarily resell the goods for account of the buyer on compliance with the same requirements"; and the trial court held that "the same requirements" .included the requirement that the voluntary sale by the seller, and "for account of the buyer" should take place within thirty days after the retaking as if more than fifty per cent. had been paid.

We think that this was error. If the buyer had served a demand on the tenth day after the retaking, as limited in the statute, the seller would have had thirty days thereafter, or forty in all after the retaking, to make his resale. But the trial court ruled that...

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4 cases
  • Commercial Credit Equipment Corp. v. Kelland
    • United States
    • Arizona Supreme Court
    • December 7, 1966
    ...automobile within 45 days after repossession to be reasonable, but a delay of 86 days to be unreasonable. The court in Stark & Son v. Licastro, 127 N.J.L. 380, 22 A.2d 768, stated that the holding of a gas range for 40 days before resale was not unreasonable. A 45 day delay was held to be r......
  • Veterans Loan Authority v. Rozella
    • United States
    • New Jersey Superior Court — Appellate Division
    • June 27, 1952
    ...upon the notice prescribed' by R.S. 46:32--25, N.J.S.A., that is, at public auction, on notice to the buyer. Stark & Son v. Licastro, 127 N.J.L. 380, 22 A.2d 768 (Sup.Ct.1941). R.S. 46:32--29, N.J.S.A., provides that 'where there is no resale, the seller may retain the goods as his own * * ......
  • Bergen Auto Co. v. Mattarochio
    • United States
    • New Jersey Superior Court — Appellate Division
    • November 19, 1959
    ...of section 26, quoted above, do not fix a specific time within which such resale must be had. It was so held in Stark & Son v. Licastro, 127 N.J.L. 380, 22 A.2d 768 (Sup.Ct.1941), in which the rule of a reasonable time is applied to a voluntary resale, the court saying at page 381 of 127 N.......
  • Peterman v. Shore Motors, Inc.
    • United States
    • Delaware Superior Court
    • November 16, 1961
    ...Resale within 45 days after repossession was deemed reasonable, but a delay of 86 days was held unreasonable. In Stark & Son v. Licastro, 127 N.J.L. 380, 22 A.2d 768 (1941), the court reversed a lower court holding that a voluntary resale must be made within 30 days after repossession. The ......

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