Ray Thomaier placed an order with Hoffman Chevrolet, Inc., for a specifically optioned 1978 Limited Edition Corvette Coupe. The order form described the automobile and the options Mr. Thomaier wanted, included the purchase price, and provided for delivery to the purchaser “A.S.A.P.” Thomaier signed the order form in the place designated for his signature and gave the dealer a $1,000 check as a deposit. This check was deposited into the account of Hoffman Chevrolet and cleared. On the same day that Thomaier gave Hoffman the check, Hoffman placed a written order with defendant General Motors Corporation, Chevrolet Motor Division, for the 1978 Limited Edition Corvette Coupe. The order was placed on a form supplied by General Motors, was signed by the dealer and listed Thomaier as the “customer.” About a month later, Hoffman sent Thomaier a letter that explained that “market conditions” had made his “offer” unacceptable and that his deposit of $1,000 was being refunded. The vehicle was ultimately manufactured by Chevrolet and delivered to Hoffman. Hoffman sold this specific vehicle to a third party.

Thomaier filed suit, but Hoffman responded that because it had never signed the order, it was not binding. Hoffman argues there was no acceptance and therefore no binding contract. Is Hoffman correct? [Thomaier v Hoffman Chevrolet, Inc., 410 NYS2d 645 (Supreme Court NY)]