Cobaugh v. Klick-Lewis, Inc.

561 A.2d 1248

 

RULE:

An offer is a manifestation of willingness to enter into a bargain, and is made in a way so that if another person understands and assents to it, the offer will be concluded into a contract.

FACTS:

Plaintiff was participating in a golf tournament, when he found a new car on one of the holes, with signs proclaiming that a hole-in-one would win the car courtesy of defendant. Plaintiff made a hole-in-one. Defendant refused to deliver the car because it had offered the car as a prize for a tournament two days earlier. The trial court granted plaintiff's motion for summary judgment in his action to compel delivery of the car. Defendant appealed.

ISSUE:

Was defendant's posted sign considered an offer?

ANSWER:

Yes.

CONCLUSION:

In affirming the lower court's ruling, the appellate court held that the defendant, by its signs, offered to award a car for the performance of a hole-in-one and that plaintiff, by shooting the hole-in-one, accepted the offer. The court found adequate consideration because plaintiff was required to perform an act that he was under no legal duty to perform and defendant benefitted from the publicity generated by the advertising. The court found that any mistake was unilateral and the product of defendant's failure to exercise due care because the posted signs manifested the intent that the offer was not limited to any prior tournament. The appellate court affirmed the summary judgment in favor of plaintiff player because he accepted, by performance, defendant dealer's offer to award a car and the contract had adequate consideration and was not voidable for unilateral mistake.

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