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Contracts Keyed to Barnett
Sedmak v. Charlie’s Chevrolet, Inc.
Citation:
622 S.W.2d 694 (Mo. Ct. App. 1981)Facts
Dr. and Mrs. Sedmak were automobile enthusiasts who owned six Corvettes. In 1977, they learned that Chevrolet planned to manufacture approximately 6,000 limited-edition Corvettes to commemorate the selection of the Corvette as the Indianapolis 500 Pace Car. The Sedmaks approached Tom Kells, sales manager at Charlie’s Chevrolet, about purchasing one of these cars. On January 9, 1978, Mrs. Sedmak gave Kells a $500 check as a deposit on the Pace Car and received a receipt. Kells informed her that the price would be the manufacturer’s retail price, approximately $15,000. The Sedmaks requested specific options for the car, which Kells arranged with the manufacturer. When the car arrived on April 3, 1978, Kells informed the Sedmaks they could not purchase it at the agreed price but would have to bid on it due to increased demand. The Sedmaks refused to bid and instead filed suit for specific performance.
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