Clifford N. Herbstman, Plaintiff-Respondent v. Eastman Kodak Company, a Corporation, Defendant-Appellant

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for entry of an order allowing the plaintiff to deliver the defective camera to Kodak for repair within 30 days, rejecting the plaintiff's claim to a cash refund. The Court held that implied warranties under the Uniform Commercial Code did not apply because the defect did not exist at the time of sale and that rescission requires a substantial impairment of value, which was not shown.