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Contracts Keyed to Burton
Mesaros v. United States
Citation:
845 F.2d 1576 (1988)Facts
In July 1985, Congress passed the Statue of Liberty-Ellis Island Commemorative Coin Act, which provided funds, through the sale of a limited number of specially-minted commemorative coins, to restore and renovate the Statue of Liberty and Ellis Island facilities. The Act instructed the Treasury to mint a stated number of coins, follow a certain procedure in the marketing of those coins, disburse specified surcharges included in the price of each coin to the Statue of Liberty Foundation, and to take all actions necessary to ensure that the project would result in no net cost to the government. Pursuant to these provisions, the Mint mailed certain advertising materials to persons, including the plaintiff, whose names were on a list of previous coin collectors or customers. These materials stated that if the Mint received an order for the coin by December 31, 1985, the customer would enjoy a discount of up to 16%. A clause on the enclosed order form stated that no refunds would be allowed. The number of orders then far exceeded the Mint’s expectation, and there was an insufficient quantity of coins with which to fill the orders, so they were filled on a first-come-first-serve basis based on when the orders were received. The coin subsequently increased in value by 200%. The plaintiff placed his order by credit card, and the transaction was rejected, despite their bank approving the order. The plaintiffs claim that the order firm was an offer, which the plaintiffs accepted, thus creating a binding contract.
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