Never underestimate the presence and the wisdom of the law
June 4, 2014
Most of us look upon a game of golf as fun and relaxation. We don’t consider lawyers, judges and courthouses when we are on the links, but whether we like it or not, the rules of law go with us wherever we go, even on the golf course. Consider the case of Amos Cobaugh v. Klick-Lewis, Inc. decided by the Pennsylvania Superior Court and reported in 561 A2d 1248.
On a bright sunny day, May 19, 1987, Amos was playing golf on the Fairview Golf course in Lebanon County. He and his buddies came up to the tee on the 9th hole and on the tee they saw a new car along with a poster, similar to those we have all seen from time to time when playing golf:
HOLE-IN-ONE Wins this 1998 Chevrolet Beretta GT Courtesy of
KLICK-LEWIS Buick Chevy Pontiac
All golfers dream of a hole in one and we know it’s very very unlikely to happen. Skill is an element but it’s mostly luck. Golf Digest estimates the odds of an average golfer hitting a hole-in-one is 1 to 33,000. On that day in May, Amos was the one in 33,000. He aced the 9th hole. His once in a lifetime hole-in-one.
But when Amos went to inquire about his prize, his luck didn’t hold out. He was told the hole-in-one poster was to have been removed two days before and should not have been on the course at all. On May 17th, one of the local service clubs had sponsored a golf outing for charitable organizations and inadvertently the sign had not been removed. Klick-Lewis told Amos the charitable tournament was over two days ago and apologized for inadvertently neglecting to remove the car and the sign. They were sorry but they had no obligation to honor the charitable promotional two days after the event. Amos was not satisfied with the explanation and contacted his lawyer and a lawsuit was commenced seeking to have the car delivered.
The Lebanon County Court ruled for Amos and Klick-Lewis, believing an error had been committed appealed the case to the Superior Court.
The Superior Court ruled that no error had been committed and Klick-Lewis must deliver the brand new Chevrolet to Amos. Without going into all the detail of the 8 page opinion, the Court said the dealer made an offer that was accepted by Amos and it relied on the traditional principle the promoters of a prize wining contest, by making public the terms an and rules of the contest, makes and offer and when Amos got the ace he in effect accepted the offer and a contract was made.
So the moral of this post is – never underestimate the presence and the wisdom of the law. Should you ever have a question, or be concerned about your legal rights, you should contact an experienced lawyer.
Jim Thorpe Office
Address:
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Jim Thorpe, Pennsylvania
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E-mail: nanolaw@ptd.net