![]() on Friday, November 30, and stated that the “early bird catches the savings!” After about fifteen minutes, all the advertised coats had been sold. ![]() The ad announced that the store would open at 7 a.m. Loman’s Fashions, a retailer of women’s and men’s outerwear, distributed a circular in November advertising a manufacturer’s closeout of designer women’s leather coats for $59.99, coats that regularly sold for $300.00. 7 Where, as here, the text of the advertisement merely stated that the sale was a “manufacturer’s closeout” and that the “early” shopper would “catch the savings,” the advertisement was not an offer to sell the coat which could be converted into a binding contract by conduct signifying an acceptance of the advertised terms. ![]() Under New York law, 2 did 3 Loman’s Fashions’ description of a designer leather coat in an advertising circular constitute an offer 4 to sell the coat which became a binding contract when the text of the advertisement indicated that the coats were a “manufacturer’s closeout” and that the early shopper would be rewarded, and when a shopper signified her intent to purchase the coat according to the advertised terms? 5 RE: Loman’s Fashions – Breach of contract claim (advertising circular)
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