Lefkowitz v. Great Minneapolis Surplus Store

251 Minn. 188, 86 N.W.2d 689 (1957)


Great Minneapolis Surplus Store (D) published an ad in a newspaper about the sale of fur coats, mink scarves, and a lapin stole. The ads all stated that the articles were first come first serve and stated quantities of each available and that they would be sold for $1 each. The first ad was published on April 6 and the second was published on April 13th. After the publication of each ad, Lefkowitz (P) was the first person to present himself and offer the $1 fee, as advertised, but was denied the opportunity to buy any of the advertised products because the store stated that the offer was intended for women only as those were the house rules. The court determined that the offer by D of the sale of the item was clear, definite, and explicit, and left nothing open for negotiation. P, having successfully managed to comply with the terms of the advertisement, and having offered the stated purchase price of the article, was entitled to performance on the part of D. The court granted judgment for P for the amount of the stated value in the ad less the $1 quoted purchase price for one of the items, the Lapin stole. The court refused the claim on the coat, as the value of that article was too speculative. D appealed.