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

Paloukos (P) visited Intermountain (D) to purchase a 1974 Chevy pickup. A sale was agreed to, and the dealer’s salesmen completed a printed form. The form clearly indicated that it was a worksheet and not a purchase order. The salesmen used the form to detail out a description of what type of truck P was looking for. The completed form also contained all of P’s personal information and a purchase price of $3,500. There was no designated signature line on the form, but P signed the bottom. The sale and sales price were approved by the Manager of D. The truck was not in stock. P paid a $120 deposit and was told that the truck would be ordered. Five months later in a letter dated April 11, 1974; D’s manager informed P that there was a product shortage and D would not be able to deliver the vehicle and returned the deposit. P sued D. The trial court granted summary judgment on whether a contract was formed between P and D and found that no contract had been formed. P appealed.

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