Cobaugh v. Klick-Lewis,
Inc.
Superior Court of
385 Pa.Super. 587, 561 A.2d
1248.
Facts: Cobaugh was playing golf. He got to a hole and saw a sign that said if
he hit a hole-in-one he would win a new car.
He did hit a hole-in-one and tried to claim his prize. Klick-Lewis, the car dealer, said that the
contest only applied to a charity golf tournament that happened two days
before. Cobaugh sued and the trial court
granted him summary judgment.
Klick-Lewis appealed.
Issue: Did Cobaugh hitting a hole-in-one constitute an
acceptance of a valid offer by Klick-Lewis and thus an enforceable promise?
Rule: Making the rules of a contest public constitutes an
offer that the contest promoter is bound to perform if someone acts upon the
offer.
Analysis: The court says that the contest was not a proposal of
a gift. Because the prize required some performance,
the contest was an offer.
The court also says that the
agreement is not unenforceable on the basis of lack of consideration. The consideration that the dealership
received in return for its offer was publicity, and the golfer got a car in
exchange for earning a hole-in-one.
Finally, the court says that
the agreement is not void due to mutual mistake, because the mistake was
actually only unilateral on the part of the promisor.
In a footnote, the majority
argues against the position of the dissent which says that the contract should
be invalidated as illegal because it constitutes gambling.
Conclusion: The decision of the trial court in granting summary judgment
to the plaintiff is affirmed.