Hankins v. American Pacific Sales Corp.

— This is an action brought by Dwain L. Hankins to recover an $8,000 downpayment made to American Pacific Sales Corporation for a car wash franchise which included equipment and accessories. Upon Hankins’ motion, the court granted summary judgment requiring American Pacific to return the money. American Pacific appeals from that judgment. The sole question presented is whether there is a genuine issue of fact in the controversy.

The facts are these: Hankins signed a purchase order of American Pacific which listed in some detail the equipment and accessories for the car wash. The purchase price…