B. Jeselshon, Inc. v. City of Atlantic City

That portion of Atlantic City Ordinance No. 42, adopted and effective on January 9, 1975, creating a right of unilateral rescission in the buyer in the absence of fraud is invalid, its adoption exceeding the power vested by the State in the municipality. This view is supported by a fair reading of the enabling legislation, N. J. S. A. 40:52-l(i), and that interpretation is confirmed by the State’s adoption of the Uniform Commercial Code. To construe that ordinance provision otherwise contravenes the intent and purposes of statewide and nationwide uniformity in the sale of goods which the…