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Contracts Keyed to Kuney
Beard Implement Co. v. Krusa
Citation:
208 Ill. App. 3d 953, 153 Ill. Dec. 387, 567 N.E.2d 345 (1991)Facts
Between December 20 and 23, 1985, defendant had several conversations with plaintiff’s representatives about purchasing a new combine. On December 23, 1985, defendant met with plaintiff’s representatives and one of plaintiff’s representatives filled out a purchase order for a new combine for $52,800 and a trade-in of the combine defendant currently owned. Defendant signed the purchase order, however none of plaintiff’s representatives signed the order at any time. The bottom left corner of the form contained a signature line for the “DEALER” and language stating “This order subject to acceptance by dealer.” Defendant also signed and gave plaintiff a counter check for $5,200 as a down payment.
Defendant stated he had misgivings over Christmas, and after speaking with his wife, he phoned plaintiff’s manager on December 26, 1985 expressing his wish not to proceed with the purchase. Earlier that same day, defendant had met with representatives from another tractor dealer and signed an order with them on December 27, 1985 for a new combine. On December 26, 1985, defendant wrote a letter to plaintiff requesting return of the uncashed counter check for $5,200.
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