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Keywords

contractlawsuitstatuteappealtrialtestimonyspecific performance

contractplaintiffdefendantstatuteappealtrialspecific performance

Related Cases

Sedmak v. Charlie’s Chevrolet, Inc., 622 S.W.2d 694, 26 A.L.R.4th 284, 31 UCC Rep.Serv. 851

Facts

Dr. and Mrs. Sedmak entered into an agreement with Charlie's Chevrolet to purchase a limited edition Corvette for approximately $15,000. After making a $500 deposit, they were informed that they could not buy the car at the agreed price but would have to bid on it instead. The Sedmaks filed a lawsuit for specific performance after Charlie's breached the contract by refusing to sell the car at the agreed price.

In their petition, plaintiffs, Dr. and Mrs. Sedmak (Sedmaks), alleged they entered into a contract with defendant, Charlie's Chevrolet, Inc. (Charlie's), to purchase a Corvette automobile for approximately $15,000.00.

Issue

Did the trial court err in finding that an oral contract existed and in ordering specific performance despite Charlie's claims that the contract was unenforceable under the Statute of Frauds?

Charlie's raises three points on appeal: (1) the existence of an oral contract is not supported by the credible evidence; (2) if an oral contract exists, it is unenforceable because of the Statute of Frauds; and (3) specific performance is an improper remedy because the Sedmaks did not show their legal remedies were inadequate.

Rule

An oral contract can be enforceable if there is sufficient evidence of its existence, and part payment can remove a contract from the Statute of Frauds if it evidences the existence of the agreement.

Without again detailing the facts, there was evidence to support the trial court's conclusion that the parties agreed the selling price would be the price suggested by the manufacturer.

Analysis

The court found that the Sedmaks' testimony regarding the agreement was credible and supported by the evidence, including the deposit made. The manufacturer's suggested retail price was deemed sufficiently definite to satisfy contract requirements. The court also ruled that the part payment made by the Sedmaks was adequate to validate the oral contract, as it demonstrated the existence of an agreement.

The trial court found the parties entered into an oral contract for the purchase and sale of the Pace Car at the manufacturer's suggested retail price.

Conclusion

The Court of Appeals affirmed the trial court's order for specific performance, concluding that the Sedmaks were entitled to the car as they had no adequate remedy at law.

Judgment affirmed.

Who won?

The Sedmaks prevailed in the case because the court found sufficient evidence of an oral contract and that specific performance was warranted due to the unique nature of the vehicle.

The trial court ordered specific performance because it concluded the Sedmaks 'have no adequate remedy at law for the reason that they cannot go upon the open market and purchase an automobile of this kind with the same mileage, condition, ownership and appearance as the automobile involved in this case, except, if at all, with considerable expense, trouble, loss, great delay and inconvenience.'

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Keywords

Related Cases

Margason v. Roberts, 919 P.2d 818, 30 UCC Rep.Serv.2d 751

Pingley v. Brunson, 272 S.C. 421, 252 S.E.2d 560

Goldman v. Olmstead, 414 S.W.3d 346

National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 122 S.Ct. 2061, 153 L.Ed.2d 106, 88 Fair Empl.Prac.Cas. (BNA) 1601, 82 Empl. Prac. Dec. P 41,042, 70 USLW 4495, 70 USLW 4524, 02 Cal. Daily Op. Serv. 5047, 2002 Daily Journal D.A.R. 6371, 15 Fla. L. Weekly Fed. S 347

Zielinski v. State, 269 Or.App. 143, 344 P.3d 114