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Contracts Keyed to Whaley
Lucy v. Zehmer
Citation:
196 Va. 493, 84 S.E.2d 516 (Vir. 1954).ProfessorMelissa A. Hale
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Facts
Defendants owned a tract of land in Dinwiddie county containing 471.6 acres, known as the Ferguson farm. Both parties were drinking at a bar together when Plaintiff offered to purchase the farm for $50,000. Defendants expressed doubt about Plaintiff’s ability to purchase the farm. Plaintiff stated they could and invited Defendant to write out a contract for sale. Defendant Husband drafted the agreement on the back of a bar receipt.
Plaintiff asked Defendant Husband to re-draft the agreement and ask the Defendant Wife to sign as well. When she signed, he whispered to her that it was just a joke, but Plaintiff were none the wiser. Plaintiff arranged for his brother to take half-interest in the purchase.
Two weeks later, Plaintiffs attempted to finalize the deal and Defendants refused to sell, stating they had no intent to sell the farm. Plaintiffs sued, arguing a contract for sale had been formed.
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