Explain whether he will be successful in his lawsuit


Problem:

H. Solo, age 38, wants to replace his kitchen refrigerator. One day, while driving through a nearby neighborhood he notices a garage sale. He sees that they are selling a nearly new refrigerator with all of the options he wanted. H. Solo approaches the homeowner, Pal P. Tine (Pal), to ask about the age and price. Pal tells H. Holo the refrigerator sells new for $3,249, but Pal will accept $1,800 for his because it is 15 months old. H. Solo agrees to pay $1,800, but explains he must first withdraw the money from the bank, then go home to give his current refrigerator to his elderly neighbor (Obi) who lives in the city - about ten miles away. H. Solo asks Pal if he will hold the refrigerator for him until 5pm. Pal promises to do so. After withdrawing the money from his bank, and giving away his refrigerator, he returns just before 5pm and hands the money to Pal. Unfortunately, Pal has changed his mind and no longer wants to sell the refrigerator. H. Solo asks his attorney (Chewy) for help. Chewy tells H. Solo there was no contract between him and Pal. However, Chewy knows of another legal theory to use in order to obtain the refrigerator. H. Solo agrees and files a lawsuit against Pal.

Identify the legal theory H. Solo can use and explain whether he will be successful in his lawsuit.

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