Hessler v. Crystal Lake Chrysler-Plymouth, Inc.

338 Ill.App.3d 1010, 273 Ill.Dec. 96, 788 N.E.2d 405 (2003)

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Nature of the Case

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Facts

P wanted to buy a Plymouth Prowler. P met with a co-owner of D and signed an order for the car at $5,000 over list. This was the first year for the car, and many people were interested in obtaining one of the first cars off the production line. The contract was a preprinted form filled out by the dealer. The car was to be delivered ASAP. The contract was filled in on February 5, 1997. P talked to D about the list price in May which would be $39,000. A few weeks later another person signed a contract for $50,000 for the same car and his contract stated he would get the first one delivered to the dealership. In August D called P and said that no Prowlers would be delivered to the Midwest and P’s check would be returned. P asked for assurance that if a vehicle was delivered, it would be his. P checked back in September and was once again assured that if a vehicle was delivered, it would be his. P then contacted a factory representative and got a list saying that D would get a car. P called D and D refused to sell the car to P because P had gone behind his back and that contracting the factory would cause D problems. P eventually purchased a car for $77,706 from another dealer. D sold its car to Palandri for $54,859. P sued D for breach and D moved to dismiss, and the motion was granted. P appealed, and the court reversed and remanded to determine the meaning of the contract. The contract was found ambiguous and that P could prove facts to show that D breached. After a bench trial, P was awarded $39,853 in damages. The court found that the term 'ASAP' 'is not want of meaning'; that it means 'if and when a car is delivered' and 'as soon as something can be done, do it.' D appealed.