Pepsico, Inc.
JOHN D.R. LEONARD, Plaintiff-Appellant, - v. - PEPSICO, INC., Defendant-Appellee.
Docket No. 99-9032
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
210 F.3d 88; 2000 U.S. App. LEXIS 6855; 41 U.C.C. Rep. Serv. 2d (Callaghan) 779
March 21, 2000, Argued
April 17, 2000, Decided
PRIOR HISTORY: [**1] Appeal from a grant of summary judgment for Defendant in the Southern District of New York (Wood, J.) in an action seeking specific performance of an alleged offer of a Harrier Jet featured in a television advertisement.
DISPOSITION: Affirmed.
CASE SUMMARY
PROCEDURAL POSTURE: Plaintiff consumer appealed an order of the United States District Court for the Southern District of New York, which granted defendant corporation's motion for summary judgment in the consumer's action that sought specific performance of an alleged offer of a fighter jet by the corporation.
OVERVIEW: Using television commercials, the corporation conducted a promotion in which it offered merchandise in exchange for "points" earned by purchasing its soft drink. For each item of merchandise sported by a teenager in the commercial, the ad noted the number of points needed to get it. When the teenager was shown in the jet, the ad prices it as 7 million points. The consumer alleged that the ad was an offer, that he accepted the offer by tendering the equivalent of 7 million points, and that the corporation breached its contract to deliver the jet. The district court granted the corporation's motion for summary judgment on the grounds (1) that the commercial did not amount to an offer of goods; (2) that no objective person could reasonably have concluded that the commercial actually offered consumers the jet; and (3) that the alleged contract could not satisfy the New York statute of frauds. On appeal, the court affirmed for substantially the reasons stated by the district court.
OUTCOME: The court affirmed the grant of the corporation's motion for summary
Docket No. 99-9032
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
210 F.3d 88; 2000 U.S. App. LEXIS 6855; 41 U.C.C. Rep. Serv. 2d (Callaghan) 779
March 21, 2000, Argued
April 17, 2000, Decided
PRIOR HISTORY: [**1] Appeal from a grant of summary judgment for Defendant in the Southern District of New York (Wood, J.) in an action seeking specific performance of an alleged offer of a Harrier Jet featured in a television advertisement.
DISPOSITION: Affirmed.
CASE SUMMARY
PROCEDURAL POSTURE: Plaintiff consumer appealed an order of the United States District Court for the Southern District of New York, which granted defendant corporation's motion for summary judgment in the consumer's action that sought specific performance of an alleged offer of a fighter jet by the corporation.
OVERVIEW: Using television commercials, the corporation conducted a promotion in which it offered merchandise in exchange for "points" earned by purchasing its soft drink. For each item of merchandise sported by a teenager in the commercial, the ad noted the number of points needed to get it. When the teenager was shown in the jet, the ad prices it as 7 million points. The consumer alleged that the ad was an offer, that he accepted the offer by tendering the equivalent of 7 million points, and that the corporation breached its contract to deliver the jet. The district court granted the corporation's motion for summary judgment on the grounds (1) that the commercial did not amount to an offer of goods; (2) that no objective person could reasonably have concluded that the commercial actually offered consumers the jet; and (3) that the alleged contract could not satisfy the New York statute of frauds. On appeal, the court affirmed for substantially the reasons stated by the district court.
OUTCOME: The court affirmed the grant of the corporation's motion for summary