Abigail has a litter of purebred Chihuahua puppies for sale. She puts the following ad in the paper: "Quoted for immediate acceptance-- purebred toy breed puppies for sale--$100 per puppy. Contact box 456."

Alex reads the ad in the paper and decides that $100 is a good price for a purebred puppy--the usual price for a purebred Chihuahua is at least $600 to $1000. He decides to buy. He sends a $100 check to box 456 with instructions to send the information as to when he can pick up his puppy to his home. Abigail receives Alex's note and the $100 check. However, by this time, she has decided that she cannot bear to part with these adorable dogs.

Abigail cashes the check and when Alex arrives at the agreed upon place, Abigail brings a 2 month old, Heinz 57 puppy (your basic mutt) she picked up at the pound. Alex takes the puppy, for he is not quite sure what a toy breed puppy should look like. In 6 months, his puppy, Wee Willie, weighs 57 pounds, and Alex is fairly sure Willie is not a purebred toy breed puppy. Alex sues Abigail for damages, but will not even consider parting with the dog. He does not want to give Willie back to Abigail. Although he is a big, ugly dog, Alex loves him.

The plaintiff Alex sues the defendant Abigail. The case perspective should be as the DEFENDANT in the case.