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Kuzmeskus v. Pickup Motor Co.

Massachusetts Appeals Court
115 N.E.2d 461 (1953)


Frank Kuzmeskus (plaintiff) won a contract to provide transportation for school children in the town of Montague, Massachusetts. Kuzmeskus had worked with Pickup Motor Co. (defendant), a Dodge truck dealer, to prepare his winning bid. After winning the contract, Kuzmeskus negotiated the purchase of four Dodge school buses with Pickup Motor’s general manager. Kuzmeskus then signed order forms for the school buses. The order forms provided that the order was not binding unless authorized by an officer of Pickup Motor. Kuzmeskus paid a $250 deposit on each school bus, for a total of $1,000. The next day, he called Pickup Motor and canceled the orders. Pickup Motor refused to return the deposit, claiming that it was offset for damages Pickup Motor suffered by Kuzmeskus failing to complete his purchase. Kuzmeskus sued Pickup Motor to recover his deposit. At trial, Pickup Motor argued that the parties had entered a binding oral agreement that was embodied by the order forms Kuzmeskus signed. The trial court found in favor of Kuzmeskus, ordering that Pickup Motor return the deposit, plus interest. Pickup Motor appealed.

Rule of Law


Holding and Reasoning (Williams, J.)

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