In the case of Paloukas v. Intermountain Chevrolet99 Idaho 740, 588 P.2d 939 (Idaho 1978), Paloukas ordered a new car from Intermountain and
paid a deposit.5 months later,
Intermountain gave the deposit back and said there was a shortage of cars.Paloukas sued for specific
performance to get his car.The Court found that there was nothing unique about the car.UCC § 2-716(1) only allows for specific performance when the item
is unique.Also, since
Intermountain had no car to sell, the Court felt that it "could not order
the impossible."