Opinion
No. 81-1066.
December 8, 1981.
Appeal from the Circuit Court, Dade County, Francis S. Knuck, J.
Thomas H. Connors, Miami, for appellants.
Greenberg, Traurig, Askew, Hoffman, Lipoff, Quentel Wolff and Ronald B. Ravikoff, Miami, for appellee.
Before BARKDULL, HENDRY and FERGUSON, JJ.
This appeal questions the correctness of a judgment on the pleadings rendered in favor of the appellee in an action for an alleged breach of contract to give a free 1980 Toyota with each purchase of a new 1979 Cadillac or a demonstrator pursuant to an advertisement placed in a newspaper by appellee which read as follows:
SATURDAY ONLY CHRISTMAS SPECIAL Buy any new 1979 Cadillac or 1979 Cadillac Demo. . . Get a Brand New 1980 TOYOTA TERCEL FREE!
A careful examination of the pleadings conclusively establishes that there is no genuine triable issue as to any material facts, and that appellee is entitled to a judgment on the pleadings as a matter of law. Accordingly, the judgment appealed is affirmed. Williams v. Howard, 329 So.2d 277 (Fla. 1976); American Housing Systems Corp. v. Country Club of Miami Corp., 342 So.2d 1026 (Fla. 3d DCA 1977); Barentine v. Clements, 328 So.2d 878 (Fla. 2d DCA 1976); Bradham v. Hayes Enterprises, Inc., 306 So.2d 568 (Fla. 1st DCA 1975).
Affirmed.
While agreeing with the majority that plaintiff has no cause of action on a contract theory, I believe appellee's advertisement, for failure to set forth the conditions in connection with the "free" automobile, is misleading and therefore violates state law. § 817.415, Fla. Stat. (1979).