Chang v. First Colonial Savings Bank

410 S.E.2d 928 (1991)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Ps read an advertisement which appeared in local newspapers. If you save at D, you get the following: Deposit $ 14,000 and receive two gifts: a Remington Shotgun and GE CB Radio, OR an RCA 20' Color-Trac TV, and $ 20,136.12 upon maturity in 3 1/2 years. Substantial penalty for early withdrawal. Allow 4-6 weeks for delivery. Wholesale cost of gifts must be reported on IRS Form 1099. Rates shown are . . . 8 3/4%. All gifts are fully warranted by the manufacturer. DEPOSITS INSURED TO 100,000 by FSLIC. Interest can be received monthly by check. Ps deposited $ 14,000 with D on January 3, 1986. They received a color television that day and expected to receive the sum of $ 20,136.12 upon maturity of the deposit in three and one-half years. D also gave Ps a certificate [***3] of deposit when they made their deposit. Ps returned to liquidate the certificate and were informed that the advertisement contained a typographical error and that they should have deposited $ 15,000 in order to receive the sum of $20,136.12 upon maturity of the certificate of deposit. D did not inform Ps, nor were they made aware that the advertisement contained an error until after the certificate of deposit had matured. D did display in its lobby pamphlets which contained the correct figures when Ps made their deposit. Ps sued D to recover $ 1,312.19, the difference between the $ 20,136.12 amount in the advertisement and $ 18,823.93, the amount that D actually paid. The court awarded a judgment in favor of Ps, and D appealed that judgment to the circuit court. The circuit court held that the advertisement did not constitute an offer but was an invitation to bargain or negotiate and entered a judgment in favor of D. Ps appealed. Ps argue they reasonably relied on the advertisement, and D did not correct the mistake after maturity. D argues that the advertisement did not constitute an offer but rather was an invitation to make an offer because the advertisement was directed to the general public and required no performance on the part of the parties to whom it was directed.

Issues

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Holding & Decision

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Legal Analysis

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