LF-Case Brief 1.docx - Leonard v PepsiCo 210 F.3d 88(2d Cir...

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Leonard v PepsiCo 210 F.3d 88 (2d Cir. 2000) Parties: Plaintiff(s): John Leonard Defendant(s): PepsiCo Procedure History: Plaintiff filed suit, and defendant moved for summary judgement. The court granted summary judgment, but the plaintiff appealed. Facts: PepsiCo created an advertisement named “Pepsi Stuff” stimulating viewers to accumulate points and redeem them for prizes. An advertisement made by the defendant had a Harrier Fighter Jet with the words “Harrier Fighter 7,000,000 Pepsi Points”. This jet was not part of the Pepsi Points Catalogue. PepsiCo catalogue stated that if the consumer did not have enough Pepsi Points to buy an item, they could buy extra points for $.10 per point. That is where the confusion began, and the plaintiff sent a check for $700,000 (which was the total amount necessary to buy the jet). The defendant informed the plaintiff that the plane in the advertisement was not available, and that it was simply a joke. The plaintiff sued for specific performance.

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