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Kuzmeskus v. Pickup Motor Co. - Kuzmeskus v Pickup Motor Co...

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Kuzmeskus v. Pickup Motor Co. 330 Mass. 490 (1953) Fact: Operative Facts: The City accepted a Bid from Kuzmeskus, which included the responsibility of ordering 5 new school buses. Kuzmeskus had requested price and terms on the five buses from Pickup Motor Co. and sat down with the sales rep and general manager. Together, they competed some paperwork, and on the papers it stated “Inter my order for one New Dodge School Bus” or “one New Dodge Bus” and it also included towards the end “this order is not binding unless authorized by an officer of the company, and purchaser’s credit has been OK’d by Finance Company.” Kuzmeskus gave a check of $1k as a deposit for each of the four buses he ordered. The next morning, he called and canceled the order, and also requested his deposit back. He also tried to stop the payment of the checks but the dealer had it certified. The Superior Court had awarded Kuzmeskus with $1,180 (deposit + interest). It was then appealed to the Supreme Court. Issue:
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