Contracts Keyed to Calamari
Lucy v. Zehmer
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff’s sued the Defendant for specific performance of a contract in which the Defendant sold to Plaintiff a tract of land containing 471.6 acres for $50,000. Plaintiff and Defendant were sitting around before Christmas drinking together. They had a conversation about selling land for $50,000. The parties wrote up a contract signed by the Defendant saying they would give up the land for $50,000. Plaintiff offered $5 to ensure the bargain was binding and the Defendant refused. A waitress even testified that the Defendant said he was joking. Plaintiff went out and got his brother to put up half of the money. Plaintiff went back to Defendant and Defendant said I was only joking (Defendant claimed he told Plaintiff he was joking right after the contract was made). Defendant’s attorneys admitted that he wasn’t too drunk to make a contract.
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