Kelley v. Creston Buick Sales Co‪.‬

Plaintiff asks specific performance of a written agreement, dated November 17, 1945. Two defendants are named but for the purpose of this appeal we need refer only to Creston Buick Sales Company as defendant. The appeal is from an order and decree dismissing plaintiff's petition, following his failure to plead over, after an adverse determination of points of law (under Rule 105, Rules of Civil Procedure) in advance of trial on the issues of fact. The written agreement is upon a printed order form designed for use in various types of sales with blank spaces to be filled in according to each particular transaction. The present one evidently contemplated a cash sale. It was signed by plaintiff as buyer and the acceptance was signed by defendant as dealer. In the blank for ""make of car"" was filled in the name ""Buick"" and for ""Body type or Model No."" the figures ""46-51"". The date of delivery is stated ""Soon as possible"" and ""Cash Deposit"" as $100. No other blanks are filled, even the ""Cash Delv'd Price"" being unstated. Following the signatures are certain printed ""conditions"" which will be referred to later. Following these is the printed ""Manufacturer's Warranty"" with which we are not concerned.