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Lefkowitz v. Great Minneapolis Surplus Store, Inc 86 NW 2d 689 (Minn, 1957)

Facts:

D put ad in paper to sell fur to first come. D refused to sell it to P even though P was their first. D said it was house rule to only sell to women

Issue(s):

Was the ad an offer?

Ratio:

Binding obligation may originate in ad – Test for Exchange: Whether the facts show that some performance was promised in positive terms in return for something requested

Once a contract is accepted you can’t change the terms of the contract.

Analysis:

Unilateral contract is a promise in exchange for an act.
D does not have right, after acceptance, to impose new or arbitrary conditions not contained in the published offer

Holding:

There was in the conduct of the parties a sufficient mutuality of obligation to constitute a contract of sale

Comments:

Elements of Exchange: Offer and Acceptance


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