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Sedmak v. Charlie’s Chevrolet, Inc.

Missouri Court of Appeals
622 S.W.2d 694 (1981)


Facts

Dr. and Mrs. Sedmak (plaintiffs) discovered that Chevrolet intended to manufacture a small number of a limited edition Corvette, the Pace car. Dr. Sedmak contacted Charlie’s Chevrolet, Inc. (Charlie’s) (defendant) to inquire about the car and Kells, Charlie’s sales manager, told him that a deposit would be required. Mrs. Sedmak hand-delivered the deposit to Charlie’s and received a receipt. While there, Mrs. Sedmak ordered upgrades to the standard equipment. According to Kells, he did order the upgrades, but ordered them because they would be better for the car, rather than because the Sedmaks wanted them. Mrs. Sedmak said that Kells told her that the car would cost about $15,000, but Kells denied discussing price. Kells notified the Sedmaks when the car arrived at Charlie’s, but informed them that they could not buy it for the price quoted because there had been so much demand for it that the price had inflated. He also notified them that they could bid on the car, but they did not submit a bid. The Sedmaks filed a suit for specific performance in the trial court. The trial court granted specific performance. Charlie’s appealed to the Missouri Court of Appeals.

Rule of Law

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Holding and Reasoning (Satz, J.)

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