Kuzmeskus v. Pickup Motor Co.

After winning a contract to transport school children for the town of Montague, Massachusetts, Frank Kuzmeskus (plaintiff) negotiated with Pickup Motor Co.'s (defendant) general manager to buy four Dodge school buses and signed order forms that expressly stated the order wasn't binding unless authorized by a Pickup Motor officer. Kuzmeskus paid a $250 deposit on each bus, totaling $1,000, then called the next day to cancel. Pickup Motor refused to return the deposit, claiming it was offset by damages from Kuzmeskus's failure to complete the purchase, and argued at trial that the signed order forms embodied a binding oral agreement. The trial court ruled for Kuzmeskus and ordered the deposit returned with interest; Pickup Motor appealed.