LEFKOWITZ V. GREAT MINNEAPOLIS SURPLUS STORE (Minn. 1957)

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LEFKOWITZ V. GREAT MINNEAPOLIS SURPLUS STORE (Minn. 1957) Powered By Docstoc
					LEFKOWITZ V. GREAT MINNEAPOLIS SURPLUS STORE (Minn. 1957) History: Judgment for Lefkowitz; Great Miss appeals Facts: Great Minneapolis Surplus Store (D) advertised in a paper that it would sell a fur stole for $1 on Saturday saying “first come first served.” Lefkowitz (P) was first there and demanded the stole for $1, but Great Minn refused saying house rule was it was only for women Issue: Can an advertisement to the general public be a binding obligation requiring the seller to sell the advertised merchandise. Holding: Yes—judgment affirmed Analysis: Test as to whether a binding obligation can originate in ads addressed to public is “whether facts show that some performance was promised in positive terms in return for something requested.” Where the offer is clear, definite and explicit, leaving nothing open for negotiation, it is an offer, acceptance of which will complete the contract