Kelley v. Creston Buick Sales Co.

(dissenting)—I respectfully dissent from Division III of the majority opinion which holds the contract in question too indefinite as to price to be enforceable. I agree with Division I which holds plaintiff’s petition sufficiently alleges defendant’s ability to perform the contract.

The majority attaches great importance to 1his provision of the contract: “It is also expressly agreed that you do not obligate yourself except insofar as the product of the factory and the requirements óf other customers will in your judgment, permit * * The provision does not fairly mean that elate of delivery is…