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Contracts Keyed to Summers
Lucy v. Zehmer
Citation:
196 Va. 493, 84 S.E.2d 516
ProfessorMelissa A. Hale
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
W.O. Lucy (plaintiff) had known A.H. Zehmer (defendant) for several years. Lucy had repeatedly expressed interest in purchasing a large tract of land that Zehmer owned known as the Ferguson farm. Lucy had offered to purchase the Ferguson farm several times in the past, one of which Zehmer had accepted but later backed out. One evening, Zehmer and Lucy were out having several drinks at a restaurant. The two discussed the sale of the Ferguson farm for thirty or forty minutes Zehmer then wrote on the back of a restaurant check an agreement to sell the farm to Lucy. At Lucy’s request, Zehmer rewrote the agreement to include his wife’s agreement, with the final version as follows: “We hereby agree to sell to W.O. Lucy the Ferguson Farm complete for $50,000, title satisfactory to buyer.” Zehmer’s wife, who sat a few feet away, signed the document after Zehmer whispered in her ear that the matter was a joke. Lucy then offered Zehmer $5 to bind the bargain, but Zehmer refused to accept the money. When Lucy was ready to pay the purchase price and asked Zehmer when he would be ready to close the deal, Zehmer asserted he had never agreed to sell the Ferguson farm. Lucy sued Zehmer, seeking specific performance for the sale of the Ferguson farm. Zehmer claimed that the sale was a joke and there was no enforceable contract.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.
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