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 performance.
  • The Court found for Intermountain.
    • 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.”
  • 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.