Contracts I, Pages 288–292

Lefkowitz v. Great Minneapolis Surplus Store

Supreme Court of Minnesota, 1957


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.


Did the advertisement constitute an offer?


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


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


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