10.3 Solicitation to Make an Offer Mesaros v. United States 845 F.2d 1576, 1988 U.S. App. Lexis 6055 (United States Court of Appeals for the Federal Circuit, 1988)

Case: The U.S. Congress directed the Secretary of the Treasury to mint and sell a stated number of specially minted commemorative coins to raise funds to restore and renovate the Statue of Liberty. The U.S. Mint mailed advertising materials to persons, including Mary and Anthony C. Mesaros, that described the various types of coins that were to be issued. Payment could be made by check, money order, or credit card. Mary Mesaros forwarded to the Mint a credit card order of $1,675 for certain coins, including the $5 gold coin. All credit card orders were forwarded by the Mint to Mellon Bank in Pittsburgh, Pennsylvania, for verification, which took a period of time. Meanwhile, cash orders were filled immediately, and orders paid by check were filled as the checks cleared. The Mint sent a letter to the Mesaroses, notifying them that the coins sold out before their order was processed.

Issue: Mary and Anthony C. Mesaros filed a class action lawsuit against the United States, seeking in the alternative either damages for breach of contract or a decree ordering the Mint to deliver the gold coins to the plaintiffs.

Critical Thinking Question: Is there a contract between the Mesaroses and the United States? Explain in 4-6 sentences