TASKS: After reading the Lucy v. Zehmer case complete the two tasks mentioned below:
Task #1: Assume you are the lawyer for Lucy, what legal arguments would you present to the judge on behalf of your client Lucy?
Task #2: Assume you are the lawyer for Zehmer, what legal arguments would you present to the judge on behalf of your client Zehmer?
Note: Task #1 and #2 must be completed in one post. The word count for task #1 and #2 should be at least 350 words.
Here is the case:
W. O. Lucy had known A. H. Zehmer more than fifteen years and had offered to buy the Ferguson Farm from him many times. One night, Lucy stopped to visit the Zehmers at the restaurant and gas station they operated and tried to buy the Ferguson Farm once again. Lucy said to Zehmer, “I bet you wouldn’t take $50,000 for that place.” Zehmer replied, “Yes, I would too; you wouldn’t give fifty.” Throughout the evening, both men continued to drink whiskey while talking, and the conversation returned to the sale of the Ferguson Farm for $50,000.
Eventually, Lucy enticed Zehmer to write up an agreement to the effect that the Zehmers would sell the Ferguson Farm to Lucy for $50,000 complete. Later, Lucy sued Zehmer to compel him to go through with the sale. Zehmer argued that he had been drunk and that the offer had been made in jest and hence was unenforceable. The trial court agreed with Zehmer, and Lucy appealed. The Virginia Supreme Court looked at the parties’ outward expressions of intent and held in favor of Lucy. The parties had discussed the terms of the sale for at least forty minutes and had done two drafts of the contract before both men agreed to sign it. Therefore, the serious-intent requirement had been met, and the contract was binding.
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