Antonucci v. Stevens Dodge, Inc.

340 N.Y.S.2d 979 (1973)

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Nature of the Case

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Facts

Antonucci (P) and three of his friends visited Steven Dodge (D). P discussed the purchase of a truck with D’s salesman. P had a book with him published by Chrysler. He pointed to the picture on the cover and told the salesman that he wanted that model because of the extra seats in the rear of the cab. D did not have this model on display. P alleges that he then discussed the purchase of optional equipment including a camper. P then signed a printed order form, which D claims is a binding contract. Neither D nor his representative signed the order. The order contained a brief description of the truck and the optional equipment. The price of the truck was listed at $4,862.08. P left a $500 deposit. About six weeks later D called P and P came down to pick up his new truck. When P saw the truck, he refused to take delivery, as it did not have the oversized cab like he ordered. D offered to reduce the price $250, and P refused. D called other dealers to see if they would accept the truck for sale and they all refused. P demanded the return of his deposit. D refused. P sued D. The salesman testified that during the negotiations, he suggested P purchase a different model and contends that P agreed to this suggestion. P’s witnesses testified that they heard the entire conversation and that P ordered the truck with the additional seats.