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Contracts Keyed to Summers
Lefkowitz v. Great Minneapolis Surplus Store, Inc.
Citation:
251 Minn. 188, 86 N.W.2d 689
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Great Minneapolis Surplus Store, Inc. (“Great Minneapolis”) (defendant) published an advertisement in a Minneapolis newspaper for three fur coats “worth to $100” that would be sold for $1 each on a “first come first served” basis. A few days later, Great Minneapolis published another advertisement in the same newspaper for a black lapin stole worth $139.50 that would be sold for $1 on a “first come first served” basis. Following the publication of each advertisement, Lefkowitz (plaintiff) went to Great Minneapolis’s store and, being the first there, demanded the coat and the stole. Both times he indicated his readiness to pay the $1 purchase price, but Great Minneapolis refused to sell him the merchandise. Great Minneapolis told Lefkowitz that there was a “house rule” that the offers were intended for women only. Lefkowitz sued Great Minneapolis for breach of contract. The trial court found that it was too speculative to ascertain the value of the fur coats but awarded Lefkowitz the full value of the stole minus the $1 advertised purchase price.
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