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Bert Allen Toyota, Inc. v. Grasz

Mississippi Court of Appeals
909 So. 2d 763 (2005)


Horst Grasz (plaintiff) entered into discussions to purchase a new 2003 Toyota Tacoma pickup truck from Bert Allen Toyota, Inc. (BAT) (defendant). Grasz stated that he was not willing to pay more than $15,000 for the truck. The sales manager at BAT offered Grasz a new 2003 Toyota Tacoma pickup truck for $16,951, less a rebate of $1,000, plus tax and title. However, the sales manager entered these amounts into a computer that miscalculated the numbers, and the contract reflected a total price of $15,017.50 instead of the actual price of $17,017.50. The contract reflected the selling price of $16,951 less the $1,000 rebate, but noted the incorrect total in four different locations. Although the sales manager was aware that the computer had made similar mistakes in the past, the sales manager did not confirm the calculations performed by the computer. The total price of $15,017.50 was circled, and the sales manager handwrote “everything” next to the price. Grasz attempted to pay the total price immediately, but BAT insisted on only accepting a $500 deposit while the truck was being manufactured to Grasz’s specifications. The sales manager then wrote on the agreement that $14,517.50 was due at delivery and gave the agreement to Grasz. BAT discovered the miscalculation when preparing the final paperwork after the truck arrived from the manufacturer. BAT informed Grasz of the mistake and refused to sell the truck to him at the lower price stated on the agreement. Grasz sued BAT for breach of contract and sought specific performance. The trial court granted judgment to Grasz, and BAT appealed to the Mississippi Court of Appeals.

Rule of Law


Holding and Reasoning (Chandler, J.)

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