Kuzmeskus v. Pickup Motor Co.

115 N.E.2d 461 (1953)

Free access to 20,000 Casebriefs

Issues

The legal issues presented in this case will be displayed here.

Nature Of The Case

This section contains the nature of the case and procedural background.

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.

Holding & Decision

The court's holding and decision will be displayed here.

Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

© 2007-2025 ABN Study Partner

© 2025 Casebriefsco.com. All Rights Reserved.