Lucy v. Zehmer

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Lucy v. Zehmer
Court Virginia Supreme Court
Citation 196 Va. 493 (1954)
Date decided November 22, 1954

Facts

Zehmer owned a large farm in Virginia that 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 fifty." 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."

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