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Client Letter

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Submitted By lethalenforcer
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Suwyn, Siska & King 
Attorneys at Law 
65-21 Main Street 
Flushing, New York 11367 
(718) 340-4200 

October 23, 2006
Willi Loman 
Loman's Fashions 
885 Seventh Avenue 
New York, New York 10017 

Dear Ms. Loman: 


I hope you've been well. Recently you wrote to us that Loman's Fashions had been sued by a shopper in Small Claims Court for a breach of contract. As you've described it, the shopper claims that she responded to an ad for a "manufacturer's closeout" of designer leather coats; the ad stated that the "early" shopper would "catch the savings." The shopper complains that Loman's failed to have the merchandise to sell at the advertised price. Specifically, you have asked for advice on the question whether Loman's breached a contract with the shopper under the circumstances. After researching the issue, and based on the facts set out below, I believe that a court would likely conclude that Loman's did not enter into a contract with this shopper because the advertisement was not an offer to sell the coats; thus, there was no contract that Loman's could breach. I will explain this conclusion more fully below after first setting out the facts as I understand them. 1 

Loman's Fashions, a retailer of women's and men's outerwear, distributed a circular last July advertising a manufacturer's closeout of designer women's leather coats for $59.99, coats that regularly sold for $300.00. The ad announced that the store would open at 7 a.m. on Friday, July 21, and stated that the "early bird catches the savings!" After about fifteen minutes, all the advertised coats had been sold. At 7:30 a.m., a shopper inquired about the coats and was told that there was none left. She then complained that Loman's was obligated to sell her a comparably valued designer leather coat at the advertised price. The store manager declined, and the shopper filed a complaint in Small Claims

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