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Lucy v. Zehmer
''Lucy v. Zehmer'', 196 Va. 493; 84 S.E.2d 516 (1954) was a court case in the Supreme Court of Virginia about the enforceability of a contract based on outward appearance of the agreement. It is commonly taught in first-year contract law classes at American law schools.
==Facts==
Defendant A. H. Zehmer and his wife Ida S. Zehmer owned a tract of land consisting of in Dinwiddie County, Virginia known as the Ferguson Farm. Plaintiff W. O. Lucy had known Zehmer for many years and had previously expressed interest in purchasing the farm. Some years prior to this case, Zehmer had orally agreed to sell the farm to Lucy, but later reconsidered and declined to complete the sale. On December 20, 1952, Lucy entered the restaurant owned by Zehmer with a bottle of whiskey in his hand. He and Zehmer consumed a significant quantity of distilled spirits and discussed the possible sale of the farm. Zehmer wrote on the back of the restaurant's receipt stating "We hereby agree to sell to W. O. Lucy the Ferguson Farm complete for $50,000.00, title satisfactory to buyer". The note was signed by Zehmer and his wife. Zehmer later alleged that his wife had initially balked at his request that she sign the instrument, but she relented when Zehmer assured her that his intent to sell the farm was merely in jest.
The next day, Lucy spoke to his brother, J.C. Lucy, about the purchase, and hired an attorney to examine the title. After the attorney assured Lucy that the title was clear, Lucy wrote a letter to Zehmer asking when he intended to close the deal. In his reply, Zehmer insisted that he had never intended to sell the farm and that the note signed by him and his wife was written in jest, consistent with the jovial atmosphere and drunken camaraderie the parties were sharing that evening. Zehmer claimed on the witness stand that the circumstances were such that Lucy should have known he was too inebriated to agree to the sale. Depositions were taken and the decree appealed from was entered holding that the complainants had failed to establish their right to specific performance, and dismissing their bill.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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