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

Cobaugh (P) was playing in a golf tournament, and when he arrived at the ninth tee he found a new Chevrolet Beretta with signs stating that a hole in one wins the car $49.00 over factory invoice. P got the hole in one and attempted to claim the prize. D refused to deliver. It had offered the car for a prize in another tournament two days earlier and had neglected to remove the car and signs prior to P's hole in one. P won the verdict and D appealed.

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