Walters v. National Beverages, Inc.
| Decision Date | 18 January 1967 |
| Docket Number | No. 10582,10582 |
| Parties | d 301 Amy J. WALTERS, Plaintiff and Appellant, v. NATIONAL BEVERAGES, INC., a corporation, and Streator Chevrolet Company, a corporation, Defendants and Respondents. |
| Court | Utah Supreme Court |
Allen M. Swan, Salt Lake City, for appellant.
Earl D. Tanner, Raymond W. Gee, J. Reed Tuft, Salt Lake City, for respondents.
The plaintiff has brought this action against the defendants, claiming that she and the defendants entered into a contract, and that the defendants breached that contract. The plaintiff seeks to recover the reasonable value of the 1965 automobile to which she claims she is entitled as a result of the contract.
The court below granted a motion for summary judgment of no cause of action against the plaintiff. She has appealed to this court, seeking a reversal of the court's judgment.
The facts are not in dispute. As a part of a sales promotion program, the defendants offered to the public certain prizes to be awarded in a contest known as 'Pepsi-Cola-Streator Chevrolet Sweepstakes.' The entry forms were available to the public without cost. The contest form was to be filled out and deposited in a barrel at the Streator Chevrolet place of business in Salt Lake City. The first prize was a Chevrolet Corvair automobile; the second prize a colored television set; the third prize a portable television set; as fourth and fifth prizes, a choice of a $100 gift certificate redeemable to two different stores in Salt Lake City, 'plus the next 20 winners each receive 12 cases of Pepsi-Cola.'
The various rules of the contest were printed on the reverse side of the entry form. The only rule that is pertinent to these proceedings is No. 4, which reads as follows:
Plaintiff had deposited many stubs from entry forms at Streator Chevrolet Company. The entry forms were completely filled out and printed as required by the contest rules and contained the Pepsi-Cola seven-word slogan as required. No order of drawing was announced by the defendants prior to the close of the contest, but on Saturday, November 28, 1964, after the close of the contest, a sign was displayed in the Streator Chevrolet showroom setting forth the order in which the prizes would be drawn. The order of drawing as displayed provided that the first tickets would receive 12 cases of Pepsi-Cola each. The ticket to receive the Chevrolet automobile, which had been offered as the first prize, was to be drawn last.
At the time of the drawing the first qualified ticket to be drawn from the barrel was that of the plaintiff. The plaintiff contends that her...
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Wayment v. Schneider Auto. Grp. LLC
...where an offer or promise is made in exchange for an act to be performed on the part of the contestant." Walters v. National Beverages, Inc. , 18 Utah 2d 301, 422 P.2d 524, 525 (1967). Accordingly, "the performance of th[e] act is an acceptance of the offer and results in a binding contract......
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Jones v. Capitol Broadcasting Co., Inc.
...and consideration is provided by entering the contest and complying with all of the terms of the offer. See Walters v. National Beverages, Inc., 18 Utah 2d 301, 422 P.2d 524 (1967) (public promotion program offering automobile as first prize governed by contract law); Johnson v. BP Oil Comp......
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Geis v. Continental Oil Co.
...v. Ford Motor Co., 14 Utah 2d 334, 384 P.2d 109; Simpson v. Gen'l Motors, 24 Utah 2d 301, 470 P.2d 399.2 See Walters v. National Beverages Inc., 18 Utah 2d 301, 422 P.2d 524.3 6 Utah 2d 170, 308 P.2d 949 (1957); citing Corbin on Contracts § 1534.4 Where the contract is not so inherently evi......