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Lucy v. Zehmer: Difference between revisions
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|facts=In the 1940s, Zehmer owned a large farm in Virginia that Mr. Lucy wanted to buy, and he had tried to buy for several years. | |facts=In the 1940s, Zehmer owned a large farm in Virginia that Mr. Lucy wanted to buy, and he had tried to buy for several years. | ||
One night when Zehmer was drunk, Lucy and he were arguing about if Lucy could afford to buy the farm for $50,000. Lucy said, "I bet you wouldn't take $50,000 for that place." Zehmer responded, "Yes I would too; you wouldn't give | One night in December 1952 when Zehmer was drunk, Lucy and he were arguing about if Lucy could afford to buy the farm for $50,000 ([https://www.wolframalpha.com/input?i=US%2450000+%281952+US+dollars%29 roughly $570,000 in 2023]). Lucy said, "I bet you wouldn't take $50,000 for that place." Zehmer responded, "Yes I would too; you wouldn't give 50." An agreement was made and written up on the spot that the farm would be sold to Lucy for $50,000. Zehmer and his wife signed it along with Lucy. | ||
|issues=Is the agreement an enforceable contract, even if one party did not really mean to make an agreement? | |issues=Is the agreement an enforceable contract, even if one party did not really mean to make an agreement? | ||
|arguments=Zehmer said he was too drunk to make an agreement. He didn't really mean to sell it; it was more of a joke. | |arguments=Zehmer said he was too drunk to make an agreement. He didn't really mean to sell it; it was more of a joke. | ||
Revision as of 19:30, July 1, 2023
| Lucy v. Zehmer | |
| Court | Virginia Supreme Court |
|---|---|
| Citation | 196 Va. 493 (1954) |
| Date decided | November 22, 1954 |
Facts
In the 1940s, Zehmer owned a large farm in Virginia that Mr. Lucy wanted to buy, and he had tried to buy for several years.
One night in December 1952 when Zehmer was drunk, Lucy and he were arguing about if Lucy could afford to buy the farm for $50,000 (roughly $570,000 in 2023). Lucy said, "I bet you wouldn't take $50,000 for that place." Zehmer responded, "Yes I would too; you wouldn't give 50." An agreement was made and written up on the spot that the farm would be sold to Lucy for $50,000. Zehmer and his wife signed it along with Lucy.Issues
Is the agreement an enforceable contract, even if one party did not really mean to make an agreement?
Arguments
Zehmer said he was too drunk to make an agreement. He didn't really mean to sell it; it was more of a joke.
Judgment
Reversed.
Reasons
"The mental assent of the parties is not a requisite for the formation of a contract."
