Barker v. Price

48 N.E.3d 367 (2015)

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Barker v. Price

Indiana Court of Appeals
48 N.E.3d 367 (2015)

SC
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Facts

Jason Price (defendant) advertised a van for sale. The advertisement stated that the van was a 1994 Ford E-350. John Barker (plaintiff) verbally agreed to buy the van. Barker and Price then signed a written agreement calling for Barker to pay a deposit and for Price to deliver the title to the van. The agreement did not contain an integration clause. The agreement also did not contain the model year of the van. Barker paid the deposit, and Price delivered the title, which stated that the van was a 1993 Ford E-350. Barker refused to accept the title, and Price refused to return the deposit. Barker sued Price for breach of contract. The trial court granted Price’s motion for summary judgment, finding that the model year of the van was not material to the agreement because it was not referenced in the agreement. Barker appealed.

Rule of Law

Issue

Holding and Reasoning (Najam, J.)

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