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Contracts Keyed to Marshall
Lefkowitz v. Great Minneapolis Surplus Store, Inc.
Citation:
86 N.W.2d 689 (1957)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
On April 6, 1956, the defendant published the following advertisement in a Minneapolis newspaper: Saturday 9 A.M. Sharp 3 Brand New Fur Coats Worth to $100.00 First Come First Served $1 Each. On April 13, the defendant again published an advertisement in the same newspaper as follows: Saturday 9 A.M. 2 Brand New Pastel Mink 3-Skin Scarfs Selling for $89.50 Out they go Saturday. Each … $1.00. 1 Black Lapin Stole Beautiful, worth $139.50 … $1.00 First Come First Served. The record shows that on each of the Saturdays following the publication of the above-described ads the plaintiff was the first to present himself at the appropriate counter in the defendant’s store and on each occasion demanded the coat and the stole so advertised and indicated his readiness to pay the sale price of $1. On both occasions, the defendant refused to sell the merchandise to the plaintiff, stating on the first occasion that by a “house rule” the offer was intended for women only and sales would not be made to men, and on the second visit that plaintiff knew defendant’s house rules.
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