Gonzalez v. Schmerler Ford

Facts

On October 1, 1973, Roger Gonzalez entered Schmerler Ford’s dealership and negotiated the purchase of a used 1972 Pinto for two thousand two hundred fifty-five dollars. Prior to executing any document, Gonzalez stated to defendant’s employee that he desired the sale be made with the lowest monthly payments possible. After negotiating the price with salesman James Saxon, Gonzalez was escorted to finance manager Victor Duski’s office. Duski prepared a worksheet that was sent by teletype to Ford Motor Credit Corporation noting the vehicle price, net trade-in, cash down payment, and desired time for extension of credit. On October 1, Gonzalez signed a document indicating ten dollars would be paid that day and the remaining two thousand two hundred forty-five dollars would be paid on October 3. Gonzalez also signed a Used Car Buyers Order and took the Pinto home. On October 3, Ford Motor Credit Corporation telephoned defendant indicating it would extend credit to Gonzalez and granted defendant authority to negotiate an interest rate between the maximum allowable under state law and a minimum set by Ford Motor Credit Corporation. On October 3, Gonzalez executed an installment sales contract detailing cash down payment, trade-in, and full disclosure of credit information required by law, with a finance charge of seven hundred twelve dollars and ninety-four cents.