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Contracts Keyed to Epstein
Lucy v. Zehmer
Citation:
196 Va. 493, 84 S.E.2d
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The instrument sought to be enforced was written by A.H. Zehmer on December 20, 1952, in these words: “We hereby agree to sell to W.O. Lucy the Ferguson Farm complete for $50,000, title satisfactory to buyer, and signed by the defendants. A.H. Zehmer admitted that at the time mentioned W.O. Lucy offered him $50,000 cash for the farm, but that he, Zehmer, considered that the offer was made in just; that so thinking, and both he and Lucy having had several drinks, he wrote out the memorandum quoted above and induced his wife to sign it; that Lucy picked it up, read it, put it in his pocket, attempted to offer Zehmer $5 to bind the bargain, which Zehmer refused to accept, and realizing for the first time that Lucy was serious, Zehmer assured him that he had no intention of selling the farm and that the whole matter was a joke. Lucy left the premises insisting that he had purchased the farm.
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