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Contracts Keyed to Fuller
Lee Oldsmobile, Inc. v. Kaiden
Citation:
363 A.2d 270, 32 Md. App. 556Facts
In August 1973, Mrs. Ada Kaiden sent a $5,000 deposit to Lee Oldsmobile (operating as Gladding Rolls-Royce) for the purchase of a Rolls-Royce automobile priced at $29,500. The order form specified no delivery date but contained a disclaimer of liability for delivery delays beyond the dealer’s control. Some correspondence indicated delivery was expected in November. On November 21, 1973, Mrs. Kaiden notified Lee Oldsmobile that she had purchased another Rolls-Royce elsewhere and wanted to cancel her order. On November 29, Lee Oldsmobile informed Mrs. Kaiden that her car was ready for delivery, which she declined, demanding return of her deposit. The dealer refused. On January 17, 1974, Lee Oldsmobile sold the car to a purchaser in Atlanta for $26,495. The Kaidens sued for return of the deposit, and Lee Oldsmobile claimed entitlement to retain the deposit either as liquidated damages or as compensation for actual damages resulting from the breach.
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