On April 6, 1956, an excellent Minneapolis surplus Store, Inc. (defendant) published a newspaper advertisement stating the on the upcoming Saturday at 9:00 am, the would market three fur coats defined as “Worth come $100" for $1 each. The advertisement proclaimed that the coats would certainly be marketed on a “first come, very first served” basis. On April 13, 1956, the store published a similar advertisement with similar terms offering to market a black lapin stole precious $139.50 for $1. On every sale date, Morris Lefkowitz (plaintiff) was the an initial person to current himself at the store and also offer come buy the advertised items. However, the store refused to offer him the items on the ground that a “house rule” dictated that the uses were intended for females only. Lefkowitz lugged suit versus the store. The trial court organized that the worth of the hair coats in the very first advertisement was as well speculative to recognize with any certainty and denied loss to Lefkowitz for these items. However, the attempt court organized that the worth of $139.50 because that the stole can be determined with adequate certainty and also awarded Lefkowitz the complete value of the stole minus the $1 advertised purchase price. The keep appealed.

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