Contracts I, Pages 288–292

Lefkowitz v. Great Minneapolis Surplus Store

Supreme Court of Minnesota, 1957

Facts:

Defendant put out two advertisement in a newspaper offering some women's clothing items for $1 each to the first to come. Both times, plaintiff, a male, arrived first and offered to pay the price requested, only to be refused due to a "house rule" that the offer was intended for women only.

Procedural History:

Trial court disallowed plaintiff's claim for the value of the item advertised as being worth up to $100 because the value was speculative as to how much less, but allowed the claim for the item advertised as being worth $139.50, a definite amount.

Issue:

Did the advertisement constitute an offer?

Rule:

Advertisements constitute an offer when the offer is clear, definite, and explicit, and explicit, and leaves nothing open for negotiation.

Reasoning:

Plaintiff's advertisement was clear, definite, and explicit, and left nothing open for negotiation.

Holding:

The advertisement constituted an offer that became binding when plaintiff accepted it. Affirmed.


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