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WEAVER v. J. C. PENNEY CO.

No. 35681.

53 Ohio App. 2d 165 (1977)

WEAVER, APPELLANT, v. J. C. PENNEY COMPANY, INC., APPELLEE.

Court of Appeals of Ohio, Cuyahoga County.

Decided August 18, 1977.

Attorney(s) appearing for the Case

Mr. Robert P. Weaver, for appellant.

Mr. William J. Brown, attorney general, amicus curiae.

York, Bonezzi & Thomas Co., L. P. A., for appellee.

PARRINO, J.

On or about July 2, 1975, the J. C. Penney Co., Inc., 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 baker, 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...

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