The decision was appealed to the United States Court of Appeals for the Second Circuit, which issued a brief, per curiam opinion concluding, "We affirm for substantially the reasons stated in Judge Wood's opinion". In light of the Harrier Jet's well-documented function in attacking and destroying surface and air targets, armed reconnaissance and air interdiction, and offensive and defensive anti-aircraft warfare, depiction of such a jet as a way to get to school in the morning is clearly not serious even if, as plaintiff contends, the jet is capable of being acquired 'in a form that eliminates potential for military use.' "No school would provide landing space for a student's fighter jet, or condone the disruption the jet's use would cause."."The teenager's comment that flying a Harrier Jet to school 'sure beats the bus' evinces an improbably insouciant attitude toward the relative difficulty and danger of piloting a fighter plane in a residential area."."The callow youth featured in the commercial is a highly improbable pilot, one who could barely be trusted with the keys to his parents' car, much less the prize aircraft of the United States Marine Corps.".In justifying its conclusion that the commercial was "evidently done in jest" and that "The notion of traveling to school in a Harrier Jet is an exaggerated adolescent fantasy," the court made several observations regarding the nature and content of the commercial, including: The value of the alleged contract meant that it fell under the provisions of the Statute of Frauds, but the statute's requirement for written agreement between the parties was not fulfilled, so a contract had not been formed.The court found that even if the advertisement had been an offer, no reasonable person could have believed that the company seriously intended to convey a jet worth roughly $23 million for $700,000, i.e., that it was mere puffery.It was found that the advertisement featuring the jet did not constitute an offer under the Restatement (Second) of Contracts.The court, presided over by Judge Kimba Wood, rejected Leonard's claims and denied recovery on several grounds, including:
![pepsi man guy pepsi man guy](https://pbs.twimg.com/media/EU7VL2rVAAEISAk.jpg)
Leonard had 15 existing points, paid $0.10 a point for the remaining 6,999,985 points, and a $10 shipping and handling fee. The plaintiff did not collect 7,000,000 Pepsi Points through the purchase of Pepsi products, but instead sent a certified check for $700,008.50 as permitted by the contest rules. The military drumroll sounds a final time, as the following words appear: "HARRIER FIGHTER 7,000,000 PEPSI POINTS." A few seconds later, the following appears in more stylized script: "Drink Pepsi-Get Stuff." With that message, the music and the commercial end with a triumphant flourish. at 3,) the teenager exclaims, "Sure beats the bus," and chortles. The teenager opens the cockpit of the fighter and can be seen, helmetless, holding a Pepsi. While the faculty member is being deprived of his dignity, the voiceover announces: "Now the more Pepsi you drink, the more great stuff you're gonna get." Several students run for cover, and the velocity of the wind strips one hapless faculty member down to his underwear.
![pepsi man guy pepsi man guy](https://images.gamebanana.com/img/ss/mods/60ecb8942c81c.jpg)
Finally, the Harrier Jet swings into view and lands by the side of the school building, next to a bicycle rack. The Harrier Jet is not yet visible, but the observer senses the presence of a mighty plane as the extreme winds generated by its flight create a paper maelstrom in a classroom devoted to an otherwise dull physics lesson. The three boys gaze in awe at an object rushing overhead, as the military march builds to a crescendo. The boy in the middle is intent on his Pepsi Stuff Catalog, while the boys on either side are each drinking Pepsi. The scene then shifts to three young boys sitting in front of a high school building.
![pepsi man guy pepsi man guy](https://farm8.staticflickr.com/7400/15940014574_7d7b5d4a64_o.jpg)
The court described the relevant portion of the televised commercial as follows: Among other claims made, Leonard claimed that a federal judge was incapable of deciding on the matter, and that instead the decision had to be made by a jury consisting of members of the " Pepsi Generation" to whom the advertisement would allegedly constitute an offer. The defendant, Pepsi, moved for summary judgment pursuant to Federal Rule of Civil Procedure 56. The case was originally brought in Florida, but eventually heard in New York. The claim alleged both breach of contract and fraud.