Paloukas v. Intermountain Chevrolet
99 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 and asked the
court to force Intermountain to sell him a car.
Aka he wanted specific
The Court found for
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
This case is one of many that
illustrates the principle that if someone breaks a contract with you, the
courts will generally only award restitution for damages you suffered,
they will not force the other party to honor the contract.