# Target Sportswear, Inc. v. Clearfield Foundation

> Supreme Court of Pennsylvania · March 30, 1984 · 327 Pa. Super. 1

URL: https://www.frixlaw.com/law-library/cases/9754691

## Case

- **Full name:** TARGET SPORTSWEAR, INC., Appellant, v. the CLEARFIELD FOUNDATION
- **Court:** Supreme Court of Pennsylvania
- **Decided:** March 30, 1984
- **Citations:** 327 Pa. Super. 1; 474 A.2d 1142; 1984 Pa. Super. LEXIS 4332
- **Precedential status:** Published
- **Opinion:** Concurrence by Spaeth
- **Judges:** Spaeth, Cirillo, Johnson
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9754691

## Opinion text

SPAETH, President Judge,
concurring:
I agree with the majority that the trial court’s order should be affirmed. However, I find it unnecessary to consider, as the majority considers, see its op. at 11-12 et seq., whether the memorandum signed by the Foundation satisfied the Statute of Frauds. Foundation’s letter was an offer. Target’s letter was a counter-offer because it materially altered the terms of Foundation’s offer; Target is trying to enforce its counter-offer. However, since the counter-offer is not signed by the party to be charged, enforcement of it is precluded by the Statute of Frauds.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9754691. Public record. Not legal advice.