LUCY V. ZEHMER, Supreme Ct. of Appeals of VA, 1954

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LUCY V. ZEHMER, Supreme Ct. of Appeals of VA, 1954 Powered By Docstoc
					CONTRACTS LUCY V. ZEHMER, Supreme Ct. of Appeals of VA, 1954 History: Lucy brought suit against Zehmers to have specific performance of the contract; decree was entered holding that Lucy (complainants) had failed to establish their right to specific performance; bill dismissed; Facts: Lucy sued Zehmer to obtain specific performance of an alleged land sales contract; JC Lucy is the brother of WO Lucy, to whom WO Lucy transferred a half interest in his alleged purchase; contract was written specified a price of $50,000, and was signed by Zehmer and his wife; Zehmer declined several previous offers to sell the land, but one night, at Zehmer’s restaurant, Lucy offered Zehmer $50,000; a signed document resulted Issue: Whether a contract made in jest is still binding Holding: Yes, reversed and remanded Analysis: Claim Zehmer was drunk as a defense is no good Even if Zehmer was kidding, Lucy considered it to be a serious transaction We must look at outward expression of a person manifesting his intention and not his secret and unexpressed intention Mental assent is not requisite for the formation of a contract