Rhen Marshall, Inc. v. Purolator Filter Division

318 N.W.2d 284 (1982)

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Nature of the Case

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Facts

Rhen (P) got an advertising circular from Purolator (D) setting forth premiums that could be selected along with an order for D brand merchandise. One of the deals said that with the order of 100,000 pounds of Purolator brand products, D would send a 1978 Buick Electra and 100 EK-6 Kodak Instant cameras and that the customer would be billed for $500.00 for the package which has a manufacturer’s suggested retail value of $17,450.00. P placed his order for over 100,000 pounds of oil filters and also ordered the above deal. The circular did not contain provisions for billing or for discounts. P’s order requested a 5% truckload discount and a 30-60-90-day billing. D got the order, telephoned P, and stated that P’s order was not accepted. No oil filters were delivered, and no payment was made. P sued on the theory that the circular was an offer that had been accepted. D got the verdict and P appealed.