788 N.E.2d 405 (2003)
The parties entered into a contract for the sale of a promotional vehicle. The contract provided that the buyer would pay $ 5,000 over the manufacturer's list price and that the deposit was refundable if the seller could not deliver by a certain date. The seller subsequently received one of the vehicles and refused to sell it to the buyer.
- On appeal, the seller argued that the trial court erred in concluding that the delivery term "ASAP" was part of the contract, in interpreting the term, in finding that the seller breached the contract, and in calculating damages.
- The appellate court held that since the term "ASAP" was written contemporaneously with the execution of the contract by the seller's authorized agent the term was part of the contract.
- In addition, the trial court properly attributed the commonly recognized meaning to the term.
- The appellate court also held that the seller repudiated the agreement when it informed the buyer that it would not deliver to him the first of the promotional vehicles it received.
- The appellate court also affirmed the trial court's damages calculation under 810 Ill. Comp. Stat. Ann. 5/2-712 (2000) since the buyer effected appropriate cover.
The trial court's judgment was affirmed.
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