Donovan v. Rrl Corp.

26 Cal.4th 261 (2001)

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Nature of the Case

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Facts

D, because of typographical and proofreading errors made by a local newspaper, D listed a price for a used automobile that was significantly less than the intended sales price. P attempted to purchase it by tendering the advertised price. The salesperson immediately stated, 'That's a mistake.' The mistake resulted from typographical and proofreading errors made by the newspaper. No employee of D reviewed a proof sheet of the revised Daily Pilot advertisement before it was published, and D was unaware of the mistake until P attempted to purchase the automobile. D refused to honor the price, and P brought this action for breach of contract. The court entered judgment for D on the ground that the mistake in the advertisement precluded the existence of a contract. The appellate court reversed, relying in part upon Vehicle Code section 11713.1, subdivision (e), which makes it unlawful for an automobile dealer not to sell a motor vehicle at the advertised price while the vehicle remains unsold and before the advertisement expires. D appealed.