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Lefkowitz

In: Business and Management

Submitted By cassidy1976
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“Lefkowitz v. Great Minneapolis Surplus Store” “86 N.W.2nd 689 (Minn. 1957)”

Facts: Great Minneapolis Surplus Store published two advertisements in a Minneapolis newspaper. Both advertisements listed specific items and their respective sale prices as well as the date and time for which the sale was to take place. Also, at the end of each advertisement was the phrase “first come first served.” On both occasions, the plaintiff, Lefkowitz, met all conditions set forth in the advertisement and tendered the $1 for the sale items but the store refused to sell the items. Store refused to sell him the stole because of a store policy that it could only sell to females. Great Minneapolis Surplus Store claims that it was modified by a “house rule” that only females could buy the products.
Issue: Did the advertisement constitute an offer, and if so, did the plaintiff’s actions show an acceptance?
Holding: Yes
Reasoning: The offer was clear, definite and explicit. It left nothing open for negotiation, it constitutes an offer. The plaintiff having successfully managed to be the first one to appear at the seller’s place of business to be served, as requested by the advertisement, and having offered the stated purchase price of the article, was entitled to performance on the part of the defendant. While an advertiser has the right at any time before acceptance to modify his offer, he does not have the right, after acceptance, to impose new or arbitrary conditions not contained in the published offer.…...

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