LUCY V. ZEHMER

Lucy v. Zehmer



Lucy v. Zehmer

Introduction

The paper discusses the case of Lucy v. Zehmer (1954). It took place in U.S.A Virginia about the feasibility of a contract and specific performance which was based on the outward appearance of the agreement.

Discussion

In Virginia, the defendant Zehmer and Ida zehmer (wife) had a land consisting ofg471 acres in. Lucy was an acquaintance to Zehmer and had shown interest in acquiring the farm. Before this case, Zehmer decided to sell the farm to Lucy bur afterwards withdrew and refused to make the sale. In 1952, Lucy met Zehmer in a restaurant and brought a bottle of whiskey. Both of them for drunk and to a considerable extent and talked about the future sale of the farm. Zehmer wrote a note that “we agree to sell to W.O Lucy the Ferguson Farm complete for & 50,000 satisfactory to buyer”. Zehmer signed the note and later told his wife that his intention to sell the farm to Lucy was not serious. Lucy spoke to his brother the next day about the purchase of the land. He hired an attorney to analyze the title. The attorney told Lucy about the clearance of the title, after that, Lucy wrote a letter to Zehmer asking about closing the deal. Zehmer declared that his intention was not to sell the farm to Lucy. According to Zehmer, the sign was only the result of a light friendly atmosphere and the drunken camaraderie they had that evening (Hillman, 2005). This case provides a good understanding of the law and feasibility of the contract.

Facts

When getting deeper into the facts, one can find that on the evening of December 1952, Zehmer after several drinks wrote a contract on a restaurant bill in which he consented on the sale of the farm to ...