Lefkowitz v. Great Minneapolis Surplus Store
251 Minn. 188, 86 N.W.2d 689 (1957)
A $1 fur stole, first come first served, and the man who came first
- In one lineEn una línea
- An ad promising a specific item to the first person to appear at a stated price is an offer, accepted by appearing first and tendering the price.Un anuncio que promete un artículo específico a la primera persona que llegue a un precio fijo es una oferta, aceptada al llegar primero y ofrecer el precio.
- RuleRegla
- An advertisement is an offer where it is clear, definite and explicit and leaves nothing open for negotiation; the offeror may not impose new conditions after acceptance.
- Why this case is herePor qué está aquí este caso
- The contrast case to Craft: an advertisement that is clear, definite and explicit and leaves nothing open for negotiation is an offer, and the store cannot add a condition (women only) after the offer is accepted.
- Procedural posturePostura procesal
- Buyer sued for the value of an advertised fur stole after the store refused to sell to him under a house rule; judgment for the buyer, affirmed.
Facts
The store advertised a black lapin stole worth $139.50 for $1, first come first served. Lefkowitz was first and tendered $1; the store refused, citing a house rule that the offer was for women only.
Procedural posture
Judgment for Lefkowitz for $138.50; affirmed.
Issue
Whether the ad was an offer and whether the store could add the women-only condition.
Holding
Yes and no. The ad was definite enough to be an offer; the house rule was not in the ad and could not be added after acceptance.
Reasoning
The test is whether the facts show some performance was promised in positive terms in return for something requested; first come first served, one item, one price, meets it.
Rule (own words)
Make the ad specific enough and it is an offer; the terms are the ones you published, not the ones you keep behind the counter.
Say the answer out loud before revealing each part. Rate yourself honestly; the case comes back sooner when you miss.Di la respuesta en voz alta antes de revelar cada parte. Califícate con honestidad; el caso vuelve antes si fallas.
Panic kit: “Could you repeat the question, please?” · “Let me make sure I have the facts right: …” · “I'm not certain, but I'd argue … because …”Kit de pánico: “Could you repeat the question, please?” · “Let me make sure I have the facts right: …” · “I'm not certain, but I'd argue … because …”