v.Lucy Spring
, BLS 342
Lucy v. Zehmer
Problem Presented:
Lucy and Zehmer met while having drinks in a restaurant. During the course
of their conversation, Lucy offered to buy Zehmer’s 450-acre farm for
$50,000 cash. Although Zehmer claims that he thought the offer was made in
jest, he wrote the following on the back of a pad: “We hereby agree to sell to
Lucy the Ferguson Farm complete for
$50,000, title satisfactory to buyer.” Zehmer then signed the writing and
induced his wife Jane to do the same. She claims, however, that she signed
only after Zehmer assured her that it was only a joke. Finally, Zehmer
claims that he was “high as a Georgia pine” at the time but admits that he
was not too drunk to make a valid contract.
Answer the following to answer this question.
1. “Lucy and Zehmer met while having drinks in a restaurant. During
the course of their conversation, Lucy offered to buy Zehmer’s 450-
acre farm for $50,000 cash.”
(fill in the blank) Zehmer is the offeree. Lucy is the
offeror. Offers for land need to be made in (fill in
the blank) writing. The value of the offer (circle
one) is or is not important.
2. “Although Zehmer claims that he thought the offer was made in jest,
he wrote the following on the back of a pad: “We hereby agree to sell
to Lucy the Ferguson Farm complete for $50,000, title satisfactory to
buyer.”
What are the four elements of a contract? (fill in
the blank) mutual assent, consideration, capacity,
legality
Which one is at issue here? (fill in the blank) mutual
assent What is the contradiction? (check all that
apply)
X Zehmer thought the offer was made in jest, wrote
contract terms on paper.
$50,000 is an undervalued price for over 450 acres.