949

英美法案例翻譯

If I place an advertisement that I wish to sell my Chevrolet for $5

000

can the newspaper sell my Cadillac or my Chalet for $5

000? More to the point

can the newspaper bind me to a contract to sell my Chevrolet for $500? $50? $5? I think not. And if not

the questionshould surely not be left to the vagaries of a jury trial.I would affirm based upon the foregoing analysis and structure that affirmance either upon harmless error or a right for the wrong reason hypothesis.I therefore respectfully dissent.ON MOTION FOR REHEARINGPER CURIAM.Denied.DOWNEY and HERSEY

JJ.

concur.WARNER

J.

concurs specially with opinion.WARNER

Judge

concurring.It appears that the motions for rehearing are directed at the language I used in my concurring opinion in this case. Therefore some elucidation is necessary.In this case

the majority opinion in which I concurred held that it was error to instruct the jury that the issue in this case was whether or not appellee intended by its newspaper advertisement to offer a jackpot of $825

000. The opinion pointed out that it was clear that appellant had not subjectively intended to offer the large jackpot. Therefore giving of the FOR EDUCATIONAL USE ONLY Page 4585 So.2d 949

16 Fla. L. Weekly 797

16 Fla. L. Weekly D2206(Cite as: 585 So.2d 949)