Kuzmeskus v. Pickup Motor Co.

115 N.E.2d 461 (1953)

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Nature of the Case

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Facts

P was the successful bidder for a contract with the town to furnish transportation for school children. One of its terms being that P should provide five new school buses. D was a dealer in Dodge trucks and buses. D even assisted P in obtaining information respecting school buses and in preparing P's bid for the contract. Within an hour after P had been informed of the acceptance of his bid, the general manager and a salesman of D called on P and discussed the terms of purchase for the school buses. P eventually signed five orders to D on forms presented by D for the purchase of the buses. One of the orders was canceled. On the remaining orders was a provision, 'This order is not binding unless authorized by an officer of the company, and purchaser's credit has been OK'd by Finance Company.' P eventually signed five orders to D on forms presented by D for the purchase of the buses. One of the orders was canceled. On the remaining orders was a provision, 'This order is not binding unless authorized by an officer of the company, and purchaser's credit has been OK'd by Finance Company.' P signed the orders and gave his check for $1,000 representing a deposit of $250 on each of the four buses. At 9 o'clock the following morning P canceled the orders and requested that he be refunded the $1,000. P confirmed the cancellation by telegram within an hour and attempted to stop payment on his check but found that the defendant had caused it to be certified. P sued D. D argued that the parties had entered into an oral contract that was memorialized by the purchase orders. The court ruled for P and D appealed.