B Law 210.8
Assignment # 3
Lucy v. Zehmer
, 196 Va. 493, 84 S.E. 2d 516 (1954).
A night in December of 1952, Zehmer, after having a few too many drinks,
composed a contract on a restaurant bill statement agreed to sell his farm to Lucy at the
sum of $50,000. Zehmer insisted that it was all in good fun and stated that it was a joke.
However Lucy thought that this was a serious affair. Zehmer also stated that he had been
under the influence and that their contract has no legitimacy what so ever. Lucy then filed
a suit against Zehmer for contract breach.
Lucy filed a lawsuit against the defendant, Zehmer, in a lower state
court of Virginia. The court ruled in favor of Zehmer, however the case was then taken to
the supreme court
Issue at hand:
is a contract enforceable if the creator is under the influence or joking.
Lucy and Zehmer had been in discussion about the sale for a good length of
time, there had also been many steps taken in the process by Lucy, the second draft,
Zehmer’s signature, exam of title, and memo. All of these steps tell us that Zehmer
believed that to be involved in a business transaction not of a joking manner. The claim
of drunkenness, made by Zehmer was not convincing, the court also found that he wasn’t
too intoxicated. The case showed that, its was a good deal and showed no basis for
specific performance. The ruling was that just because Zehmer had not mentally agreed
to the deal, his demeanor signified to Lucy, in a manner that the transaction wasn’t a joke,
and Lucy had no knowledge of Zehmer’s mental judgment. From this Zehmer lost the
case to Lucy.
The plaintiff, Lucy, was victorious and awarded the farm for the $50,000
which they settled in December of 1952
Yale Diagnostic v. Estate of Harun Fountain,
267 Conn. 351, 838 (A. 2
In 1996 Fountain was shot in the back of the head at close range. From this
Fountain suffered a loss of his right eye, along with extensive lifesaving medical services,
this summed a total of $17,694. The plaintiff sent the bill to Fountains mother, Tucker,
but the bill was left unpaid. Then the plaintiff obtained a collection judgment against her.
The debts, however, were emancipated because of a federal bankruptcy court. When