Contracts
Antonucci v. Stevens Dodge, Inc.
Court: New York , 1973 Names: Facts: C1: (P) showed (D) salesmen a pickup truck in a book. Said that he wanted a certain model on the cover. C2: (P) discussed optional equipment including specific items that he wanted. C3: Signed printed order form – (D) claims is a biding contract - (D) never signed the contract C4: 6 weeks later the (D) notified (P) that truck had arrived
Rules: - There must be an offer and an acceptance; if either is lacking there is no contract. - Bilateral Contract: where an offeror extends a promise and asks for a promise in return and where the offeree accepts the offer by making the requested promise is a bilateral contract. - When an agreement takes form of a written instrument it is only binding when signed and delivered unless the agreement if more of a formality and the parties considered earlier verbal agreement binding. Then any written contract is a mere formality.
Issues: Was there a binding contract if the (D) did not sign? Was the contract binding upon agreement of terms or the signing of the contract? If there is a verbal agreement made and there a later contract signed that is different than the verbal agreement is there a contract? Holding: Court ruled in favor of the (P) for $500 with interest Reasoning: because the dealer never signed the paper the contract was never formed, therefore there was no binding agreement between the two parties.