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Contracts Keyed to Barnett
Leonard v. Pepsico
Citation:
88 F.Supp.2d 116 (S.D.N.Y. 1999)Facts
The Pepsi commercial follows a narcissistic high school boy who jumps into a Harrier Jet at his high school and flies off in style. In his wake, a subtitled message appears: “Drink Pepsi–Get Stuff.” Inspired by this commercial, Leonard sets out to buy a Harrier Jet by raising $700,000 in Pepsi Points. Somehow advised by counsel, Leonard sent Pepsi an order form with a $700,000 check (to purchase the additional Pepsi Points required) and fifteen Pepsi Points, with “1 Harrier Jet” listed in the item column. Pepsi thereafter rejected Leonard’s check.
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