§26. PRELIMINARY NEGOTIATIONS
A manifestation of willingness to enter into a
bargain is not an
offer if the person to whom it is addressed knows or has reason to know that the person
making it does not intend to conclude a bargain until he has made a further manifestation of assent.
1. A, a clothing merchant, advertises overcoats of a certain
kind for sale at $50. This is not an offer, but an invitation to the public to come and purchase.
The addition of the words “Out they go Saturday; First Come, First Serve” might make the
advertisement an offer.