Craft v Elder

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Craft v. Elder & Johnson Co. p. 28 Ohio App 1941 Facts: D carried an advertisement in a newspaper offering for sale as a “Thursday Only Special” a sewing machine for $26. P tendered $26 to D on Thursday, February 1, 1940 but the D refused to supply the machine for that price. P claims the value of the machine was $175 and asks for damages in the sum of $149 plus interest. These damages are known as expectancy (the benefit of the bargain). Is newspaper ad an offer in contract. No It is clear that in the absence of special circumstances an ordinary newspaper advertisement is not an offer, but and offer to negotiate – an offer to receive offers – or, as it is sometimes called, an offer to chaffer. Issue: Holding: Rule:

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