Craft v. Elder & Johnson Co.
Ohio Court of Appeals, Second District, Montgomery County
38 N.E.2d 416 (1941)
The Elder & Johnson Company (E&J) (defendant) advertised in a newspaper an offer to sell an electric sewing machine for $26 as a “Thursday Only Special.” That Thursday, Craft (plaintiff) tendered $26 for a sewing machine but E&J refused to sell her one. Craft filed suit for breach of contract against E&J claiming the newspaper advertisement was an offer. The trial court dismissed Craft’s complaint noting that the advertisement was not an offer which could be accepted by Craft to form a contract, but rather was an invitation to negotiate. Craft appealed.
Rule of Law
Holding and Reasoning (Barnes, J.)
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