COBAUGH V. KLICK-LEWIS, INC. 561 A.2d 1248 (1989) CASE BRIEF

COBAUGH V. KLICK-LEWIS, INC.
561 A.2d 1248 (1989)
NATURE OF THE CASE: This was a dispute over a hole in one. Klick (D), dealer, appealed an order, which granted Cobaugh's (P), player's, motion for summary judgment in his action to compel delivery of a car.
FACTS: Cobaugh (P) was playing in a golf tournament and when he arrived at the ninth tee he found a new Chevrolet Beretta with signs stating that a hole in one wins the car $49.00 over factory invoice. P got the hole in one and attempted to claim the prize. D refused to deliver. It had offered the car for a prize in another tournament two days earlier and had neglected to remove the car and signs prior to P's hole in one. P won the verdict and D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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