Legal Opinion

Thomaier v. Hoffman Chevrolet, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 1978PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Gulotta, J.

On January 4, 1978 plaintiff, Ray Thomaier, placed an order with the defendant dealer, Hoffman Chevrolet, Inc., for a specifically optioned, 1978 Limited Edition Corvette Coupe. The order form which was utilized in the transaction described the automobile and options desired by the plaintiff, stated its purchase price and provided for delivery to the purchaser "A.S.A.P.” (as soon as possible). Plaintiff signed the order form in the place designated for his signature and gave the dealer a substantial deposit in the form of a check for $1,000 to be applied toward…

2Cases cited4 opinions

  1. Price v. Spielman Motor Sales Co.Appellate Division of the Supreme Court of the State of New York · 1941
  2. Antonucci v. Stevens Dodge, Inc.Civil Court of the City of New York · 1973
  3. Scutti Pontiac, Inc. v. RundNew York Supreme Court · 1978
  4. Starr v. Freeport Dodge, Inc.New York District Court · 1967

3Cited by14 opinions

  1. Songbird Jet Ltd., Inc. v. Amax Inc.District Court, S.D. New York · 1984
  2. Sedmak v. Charlie's Chevrolet, Inc.Missouri Court of Appeals · 1981
  3. Kay-Bee Toys Corp. v. Winston Sports Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Mentesana v. Bernard Janowitz Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Bailey v. Midwestern Enterprises, Inc.Ohio Court of Appeals · 1995

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