Defendant ()
JUDGE: BUCHANAN
BUCHANAN, J., delivered the opinion of the court.
Plaintiff ()
This suit was instituted by W. O. Lucy and J. C. Lucy, complainants,
against A. H. Zehmer and Ida S. Zehmer, his wife, defendants, to have specific
performance of a contract by which it was alleged the Zehmers had sold to W.
O. Lucy a tract of land owned by A. H. Zehmer in Dinwiddie county containing
471.6 acres, more or less, known as the Ferguson farm, for $50,000. J. C. Lucy,
the other complainant, is a brother of W. O. Lucy, to whom W. O. Lucy
transferred a half interest in his alleged purchase.
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 $50,000.00, title satisfactory to buyer,’ and signed
by the defendants, A. H. Zehmer and Ida S. Zehmer.
The answer of 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 jest; 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 he did not deliver the memorandum to Lucy, but 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.
ISSUE
Facts that
help Lucy
Facts that
help Zehmer
Lucy v. Zehmer
PARTIES: Plaintiff = Lucy (wants to buy farm); Defendant = Zehmer (owns farm)
ISSUE: Does Zehmer have to hand over the farm if he thought the deal was a joke, but
acted as if it wasn’t? (Is a party bound if he acts as if he assents to an agreement, even if
he didn’t really mean it?)
FACTS:
For Zehmer:
 Lucy brought whiskey with him; Zehmer and Lucy were drinking (“high as a
Georgia pine”)
 A waitress testified that the men were “drinking right much”
 Zehmer says he thought this was all a joke
 Zehmer whispered to his wife that it was a joke
 The conversation sounded as if it was in jest (Lucy: “I bet you wouldn’t take
$50K for that place.” Zehmer: “Yes, I would too; you wouldn’t give $50.”)
 Zehmer wrote out the contract on the back of a restaurant check—very informal
 Zehmer refused to take Lucy’s $5 to bind the bargain, saying, “This is liquor
talking. I don’t want to sell the farm.”
 Zehmer sent Lucy a letter saying he’d never agreed to sell
For Lucy:
 Lucy had tried to buy place before—clearly he wanted it
 Zehmer actually put the contract in writing—wrote it himself
 The contract states, “We hereby agree to sell to W.O. Lucy the Ferguson Farm
complete for $50,000.00, title satisfactory to buyer.” Clear terms.
 Zehmer re-wrote the contract, changing it from “I” to We” when Lucy pointed out
that Mrs. Zehmer would need to sign it, too
 Both Zehmers signed the contract
 The discussion about the contract was lengthy (30-40 minutes)
 Lucy did not feel drunk, and said Zehmer did not seem drunk
 Lucy immediately arranged financing and checked title
HOLDING: Zehmer acted like he wanted to sell, so it doesn’t matter what he was really
thinking. Zehmer has to convey the farm to Lucy.
REASONING: There was an offer, acceptance, execution, and delivery of the written
contract. The law doesn’t require the “mental assent of the parties”—what Zehmer
thought doesn’t matter if Lucy didn’t know what he was thinking. Reason for the policy:
if you could get out of a contract by saying that you didn’t really mean it, then all
contracts would be unenforceable.