Weaver v. J. C. Penney Co.

On or about July 2,1975, the J. C. Penney Co., Ine., the appellee in this case, sponsored an advertisement which appeared in a Cleveland newspaper. The advertisement stated that a number of small appliances, including a waffle balcer, were for sale at a price of $9.99. The sale was designated as a “closeout,” and the words “limited quantities” appeared at the bottom of the advertisement. However, the specific number of sale items available did not appear in the advertisement.

Plaintiff-appellant, Robert Weaver, went to one of appellee’s stores on the evening of July 2, 1975, intending to…