Wednesday, December 25, 2013

Beard Implement Co. v. Krusa case brief

Beard Implement Co. v. Krusa case brief summary
567 N.E.2d 345 (1991)

CASE SYNOPSIS
Defendant buyer appealed the decision of the Circuit Court of Cass County (Illinois), which found in favor of plaintiff seller in its breach of contract action against the buyer. The circuit court found that a contract existed between the parties.

CASE FACTS
A seller brought a breach of contract action against a buyer for the purchase of a combine. The buyer appealed the decision of the trial court that found a contract existed between the parties.

DISCUSSION

  • The court reversed. 
  • The court agreed with the buyer's argument that the seller never accepted the buyer's offer to purchase the combine. 
  • The court found that the purchase order form signed by the buyer constituted an offer made by the buyer to the seller. 
  • The court concluded that the purchase order "unambiguously" required the signature by the seller's "dealer" in order to be a proper acceptance of the buyer's offer. 
  • The court therefore found that because the seller's "dealer" never signed the purchase order, no contract ever existed.
CONCLUSION
The court reversed the lower court's decision that found in favor of the seller in its breach of contract action against the buyer. The court found that no contract existed between the parties because the purchase order "unambiguously" required the signature by the seller's "dealer" in order to be a proper acceptance of the buyer's offer, and the seller's "dealer" did not sign the order.


Suggested law school study materials

Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.