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Case Brief: W. O. Lucy and J. C. Lucy V. A. H. Zehmer and Ida S. Zehmer
Facts
The plaintiffs W. O. Lucy and J. C. Lucy filled a suit against the defendants A. H. Zehmer and Ida S. Zehmer. The plaintiffs had asked the defendant to sell him a 471.6 tract of land for 50,000. While having drinks, the defendant proceeded to write down the agreement on a piece of paper from a chequebook and him and his wife signed it. The plaintiff then procced to offer $5 as a portion of the payment but the defendant declined alleging that the plaintiff already had the written agreement. However, later when the plaintiff came to ensure that purchase was completed, the defendant declined and claimed that during the process he was just jesting and had no serious intention of selling the property. Therefore, the plaintiff moved to court to have the contract enforced.
Legal Issues
Does jesting on the intention to sell a property then going on to sign a contract constitute a legally binding agreement?
Did the writing made by the defendant and signed in jest by the defendant and his wife constitute a legally binding contract.
Legal Principle Applied in the Case
According to the restatement of the law of contracts, the agreement between the defendant and the plaintiff constituted a legally binding contract. The law does not consider any unexpressed intention or the jesting on the part of the defendant.
Holding/Reasoning
Despite the jesting, the law observes that if by actions and intentions the defendant showed an intention to dispose the property then that would constitute a legally binding agreement, as the law does not take into account the unexpressed state of the mind. Therefore, the law considers that there was a valid contract
Summary of concurrences and dissents
The judges observed that written agreement, signed by both the defendants whether in jest was a decision based on a serious offer made and therefore constituted a legally binding contract.
Therefore, the plaintiff was entailed to some form of redress as a result of the agreed sale conditions.
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