May 17, 2014

Craft v. Elder & Johnston Co. | Case Brief Law Student - 38 N.E.2d 416 (1941)

FACTS: E&J put an advertisement in the paper to sell an electric sewing machine for $26.  When the Plaintiff went to the store the Defendant refused to fill the offer and continues to do so.

ISSUE:  Was there an offer?

HOLDING: No

RATIONALE: The advertisement in the newspaper is not an offer only an offer to negotiate, or an offer to receive offers.  Common examples include advertisements, trade letters and circulars sent out by businesses.

DISPOSITION: Affirmed and costs adjudged against the plaintiff-appellant.