Reading U.S. Cases: 2.4 Parts of a Case Assessment

What would be the short name for this case?

Lefkowitz
Lefkowitz v. Minn.
Barry Lefkowitz
Great Minn.

What does “251 Minn. 188, 188-92” mean?

It is the universal identifier of the case.
It is the citation to the state reporter
It is the address of the court.
It is regional reporter

What is the parallel citation for the citation in Question 2 above?

There is none.
The same numbers in reverse.
86 N.W.2d 689
203 F.Supp. 122

What does it mean that the case name has “(1957)” at the end of it?

The year the complaint was filed.
The year the appeal was filed.
The year this case was decided.
The first page in the regional reporter.

Who wrote the opinion?

Judge Lefkowitz
John Murphy
The panel
Judge Murphy

What’s the disposition in this case?

Affirmed
Reversed
Managed
Remanded

Which party prevailed (won) on appeal? How do you know?

Defendant – Appellant
Plaintiff – Appellee
Defendant
Great Minnesota Surplus

Which sentence(s) has/have the holding? How do you know?

2-4
9-11
20-21
26-28

Which sentence(s) has/have the issue? How do you know?

18
19
20
1

How does the holding answer the question raised by the issue?

By telling the reader that plaintiff should prevail
By explaining that there was an offer defendant could accept.
In one word – affirmed!
By detailing the facts of the case.

Which of the following sentences from the case are examples of “procedural facts” (also called “procedural history”)?

The record supports the findings of the court that on each of the Saturdays following the publication of the above-described ads the plaintiff was the first to present himself at the appropriate counter in the defendant’s store and on each occasion demanded the coat and the stole so advertised and indicated his readiness to pay the sale price of $1.
The trial court properly disallowed plaintiff’s claim for the value of the fur coats since the value of these articles was speculative and uncertain.
The order for judgment awarded the plaintiff the sum of $138.50 as damages for breach of contract.
The defendant relies principally on Craft v. Elder & Johnston Co. supra.
There are numerous authorities which hold that a particular advertisement in a newspaper or circular letter relating to a sale of articles may be construed by the court as constituting an offer, acceptance of which would complete a contract.
This is an appeal from an order of the Municipal Court of Minneapolis denying the motion of the defendant for amended findings of fact, or, in the alternative, for a new trial.

Which of the following sentences are facts (in some readings you may see them referred to as “conflict facts”)?

On April 13, the defendant again published an advertisement in the same newspaper as follows: Saturday 9 A.M. 2 Brand New Pastel Mink 3-Skin Scarfs Selling for.$89.50…
The defendant contends that a newspaper advertisement offering items of merchandise for sale at a named price is a ‘unilateral offer’ which may be withdrawn without notice.
This objection may be disposed of briefly by stating that, 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.
Such advertisements have been construed as an invitation for an offer of sale on the terms stated, which offer, when received, may be accepted or rejected and which therefore does not become a contract of sale until accepted by the seller; and until a contract has been so made, the seller may modify or revoke such prices or terms.
On both occasions, the defendant refused to sell the merchandise to the plaintiff, stating on the first occasion that by a ‘house rule’ the offer was intended for women only and sales would not be made to men, and on the second visit that plaintiff knew defendant’s house rules.
With reference to the offer of the defendant on April 13, 1956, to sell the ‘1 Black Lapin Stole * * * worth $139.50 * * *‘ the trial court held that the value of this article was established and granted judgment in favor of the plaintiff for that amount less the $1 quoted purchase price.
This case grows out of the alleged refusal of the defendant to sell to the plaintiff a certain fur piece which it had offered for sale in a newspaper advertisement.

Which of the following sentences from the case are statements of the “rule” or “existing law”?

There are numerous authorities which hold that a particular advertisement in a newspaper or circular letter relating to a sale of articles may be construed by the court as constituting an offer, acceptance of which would complete a contract.
The test of whether a binding obligation may originate in advertisements addressed to the general public is “whether the facts show that some performance was promised in positive terms in return for something requested.”
The authorities above cited emphasize that, where the offer is clear, definite, and explicit, and leaves nothing open for negotiation, it constitutes an offer, acceptance of which will complete the contract.
The only evidence of value was the advertisement itself to the effect that the coats were ‘Worth to $100.00,‘ how much less being speculative especially in view of the price for which they were offered for sale.
The order for judgment awarded the plaintiff the sum of $138.50 as damages for breach of contract.
He relies upon authorities which hold that, where an advertiser publishes in a newspaper that he has a certain quantity or quality of goods which he wants to dispose of at certain prices and on certain terms, such advertisements are not offers which become contracts as soon as any person to whose notice they may come signifies his acceptance by notifying the other that he will take a certain quantity of them.

Reading U.S. Cases: 2.4 Parts of a Case Assessment

Reading U.S. Cases: 2.4 Parts of a Case Assessment

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