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Barfield v. Commerce Bank, N.A. | 484 F.3d 1276 (2007)

Contracts are created more often than you might think. From buying a cup of coffee to buying a house, or even getting married, these actions are all contracts. But is a contract created if you ask a bank for change for a $50 bill? In Barfield versus Commerce Bank, we’ll look at if this simple action can create a contract between a bank and a customer.

Chris Barfield, an African American man, went to a Commerce Bank branch to ask for change for a $50 bill. The bank teller refused to change the money because Barfield wasn’t a customer. Barfield and his father, James, asked a white friend to go to the bank and ask for change for a $50 bill. The bank gave the white customer change and didn’t ask whether he was an account holder. James Barfield later went into the bank to request change for a $100 bill, and just like his son, he was denied the service because he wasn’t an account holder. The Barfields then alerted a White news reporter and his African-American colleague, who conducted a similar experiment and experienced the same outcome. The African-American reporter was asked whether he was an account holder, whereas the White reporter wasn’t asked about his account status.

The Barfields sued the bank, claiming racial discrimination in the impairment of their ability to contract. The bank filed a motion to dismiss for failure to state a claim and argued there was no offer to contract. The district court granted the bank’s motion, and the Barfields appealed to the Tenth Circuit.

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