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Lefkowitz v. Great Minneapolis Surplus Store, Inc.

Supreme Court of Minnesota
86 N.W.2d (1957)


Great Minneapolis Surplus Store, Inc. (defendant) published an advertisement in a newspaper, stating that it would sell a fur coat for $1. The advertisement read, “First Come First Served $1 Each.” Morris Lefkowitz (plaintiff) was first in line at the store, but the store refused to honor the $1 sale price. The store cited a purported “house rule” that it would only make the sales to women, rendering Lefkowitz ineligible for the bargain because he was a man. Lefkowitz brought suit for breach of contract. The Municipal Court of Minneapolis found in favor of Lefkowitz and awarded him $138.50 in damages. The store appealed, arguing that the advertisements were not offers.

Rule of Law


Holding and Reasoning (Murphy, J.)

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