Breach of Contract

In November 2000, Phil O. Dendrin went to Caruana Chevrolet to discuss the purchase of a 2002 Limited Edition
Corvette XL. General Motors was only going to produce and limited number of these cars referred to as “Indy Vettes.”
This was named as such because one or more of them were to be used as a pace car at the Indianapolis 500. Phil talked
to the used car manager who partially filled out a buyer’s order form which he then presented to his boss, John
Smith, the new car manager. After discussing the matter they agreed to sell Phil O. Dendrin an Indy Vette at list
price. The manager wrote “list price” and signed his name on the partially completed form, signing in the middle of
the page rather than in the space provided for the signature of an officer of Caruana Chevrolet. Phil O. Dendrin also
signed the form and gave a deposit of $500.00.
At the time of the signing of the documents, Caruana Chevrolet did not have a vette in its possession. Two such cars
were later received and in the interim the market demand for the cars had driven their value far above the list
price. Caruana Chevrolet refused to deliver either car to Phil O. Dendrin and attempted to return his deposit. Phil
O. Dendrin filed a lawsuit for breach of contract and asked the court for either damages or specific performance.
Caruana Chevrolet argues that the order form was too indefinite and incomplete to amount to a valid and binding
contract.
Discuss the issues in this case and come to a conclusion as to whether or not these positions are right or wrong.
identify what that is and why it should or should not happen.
 
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