Holding & Decision
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Nature Of The Case
This section contains the nature of the case and procedural background.
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.
Issues
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Legal Analysis
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