Maurice Stepp - Case For Plaintiff The two facts | would add for the Plaintiff to make their case are as follows: 1. During contract formation, | would add that Defendant explicitly said the car was in good standing and presented factual material such as the Carfax and mileage of the car. This could present as untrue in the Defendant's case voiding the contract and unlawful. 2. The second fact | would add is that the defendant included payment terms and delivery terms of obtaining the car that day upon inspection of the car. The fact would fall under the Certain and Definite Terms aspect of the contract and would include aspects of deposits being returnable if the buyer did not complete the offer due to misinformation. One could also argue there was no written contract in final form that was unambiguous