Horr D21 6-2( r Class EX D2L 6-1 ( DZL Mod D2L My c|Ch BUS # BUS ELC 2020 ELC 2020 Critic D2L Mod @ Orde @Thar ELC 2020 Dash + V X C https://prod.reader-ui.prod.mheducation.com/epub/sn_3637d/data-uuid-6f46100279634dbfa70f2fOfd9af8db2 . .. M Gmail YouTube Maps Free Trade Agreemchooling Home 5 7-2 ACC 201 Project.. References ( 145 of 593 > Aa CASE 14-1 LUCY v. ZEHMER SUPREME COURT OF APPEALS OF VIRGINIA 196 VA. 493, 84 S.E.2D 516 (1954) Plaintiffs W. O. and J. C. Lucy had wanted to purchase Ferguson Farm from the Zehmers for at least eight years. One night, Lucy stopped by the establishment the Zehmers operated and said that he bet Zehmer wouldn't accept $50,000 for the place. Zehmer replied that he would, but he bet that Lucy wouldn't pay $50,000 for it. Over the course of the evening, the parties drank whiskey and engaged in casual conversation, with the talk repeatedly returning to the sale of Ferguson Farm. Eventually Lucy got Zehmer to draw up a contract for the sale of the farm for $50,000. When Lucy later attempted to enforce the agreement, Zehmer refused to complete the sale, arguing that he had been drunk and that the agreement to sell the property had been made in jest. Lucy sued to enforce the agreement. The trial court found for the defendants and the plaintiffs appealed. JUSTICE BUCHANAN If it be assumed, contrary to what we think the evidence shows, that Zehmer was jesting about selling his farm to Lucy and that the transaction was intended by him to be a joke. nevertheless the evidence shows that Lucy did not 11:03 PM Type here to search 55 F Clear A 4/9/2023Horr D21 6-2( r Class EX D2L 6-1 ( D2L Mod D2L My e|Ch BUS # BUS ELC 2020 ELC 2020 Critic D2L Mod @ Orde @Thar ELC 2020 Dash + V X C https://prod.reader-ui.prod.mheducation.com/epub/sn_3637d/data-uuid-6f46100279634dbfa70f2fOfd9af8db2 . .. M Gmail YouTube Maps Free Trade Agreemchooling Home 5 7-2 ACC 201 Project.. References Aa At no time prior to the execution of the contract had Zehmer indicated to Lucy by word or act that he Page 348 was not in earnest about selling the farm. They had argued about it and discussed its terms, as Zehmer admitted, for a long time. Lucy testified that if there was any jesting it was about paying $50,000 that night. The contract and the evidence show that he was not expected to pay the money that night. Zehmer said that after the writing was signed he laid it down on the counter in front of Lucy. Lucy said Zehmer handed it to him. In any event there had been what appeared to be a good faith offer and a good faith acceptance, followed by the execution and apparent delivery of a written contract. Both said that Lucy put the writing in his pocket and then offered Zehmer $5 to seal the bargain. Not until then, even under the defendants' evidence, was anything said or done to indicate that the matter was a joke. Both of the Zehmers testified that when Zehmer asked his wife to sign he whispered that it was a joke so Lucy wouldn't hear and that it was not intended that he should hear. The mental assent of the parties is not requisite for the formation of a contract. If the words or other acts of one of the parties have but one reasonable meaning, his undisclosed intention is immaterial except when an unreasonable meaning which he attaches to his manifestations is known to the other party. The law, therefore, judges of an agreement between two persons exclusively from those expressions of their intentions which are communicated between them. An agreement or mutual assent is of course essential to a valid contract but the law imputes to a person an intention corresponding to the reasonable meaning of his words and acts If his words and acts indeed by a Type here to search 11:03 PM 55F Clear A 4/9/2023Horr D21 6-2( r Class EX D21 6-1 ( D2L Mod D2L My e|Ch BUS h BUS ELC 2020 ELC 2020 Critic D21 Mod @ Orde @Thar ELC 2020 Dash + V X C https://prod.reader-ui.prod.mheducation.com/epub/sn_3b37d/data-uuid-6f46100279634dbfa70f2fOfd9af8db2 . .. M Gmail YouTube Maps Free Trade Agreemchooling Home 5 7-2 ACC 201 Project.. References ( 145 of 593 > Aa The law, therefore, judges of an agreement between two persons exclusively from those expressions of their intentions which are communicated between them. An agreement or mutual assent is of course essential to a valid contract but the law imputes to a person an intention corresponding to the reasonable meaning of his words and acts. If his words and acts, judged by a reasonable standard, manifest an intention to agree, it is immaterial what may be the real but unexpressed state of his mind. So a person cannot set up that he was merely jesting when his conduct and words would warrant a reasonable person in believing that he intended a real agreement.... Whether the writing signed by the defendants and now sought to be enforced by the complainants was the result of a serious offer by Lucy and a serious acceptance by the defendants, or was a serious offer by Lucy and an acceptance in secret jest by the defendants, in either event it constituted a binding contract of sale between the parties. Defendants contend further, however, that even though a contract was made, equity should decline to enforce it under the circumstances. These circumstances have been set forth in detail above. They disclose some drinking by the two parties but not to an extent that they were unable to understand fully what they were doing. There was no fraud, no misrepresentation, no sharp practice and no dealing between unequal parties. The farm had been bought Type here to search 11:03 PM 55 F Clear A 4/9/2023Horr D21 6-2( r Class EX D21 6-1 ( D2L Mod D2L My e|Ch BUS # BUS ELC 2020 ELC 2020 Critic D2L Mod @ Orde @Thar ELC 2020 Dash + V X C https://prod.reader-ui.prod.mheducation.com/epub/sn_3637d/data-uuid-6f46100279634dbfa70f2fOfd9af8db2 . .. M Gmail YouTube Maps Free Trade Agreemchooling Home 5 7-2 ACC 201 Project.. References Aa person in believing that he intended a real agreement.... Whether the writing signed by the defendants and now sought to be enforced by the complainants was the result of a serious offer by Lucy and a serious acceptance by the defendants, or was a serious offer by Lucy and an acceptance in secret jest by the defendants, in either event it constituted a binding contract of sale between the parties. Defendants contend further, however, that even though a contract was made, equity should decline to enforce it under the circumstances. These circumstances have been set forth in detail above. They disclose some drinking by the two parties but not to an extent that they were unable to understand fully what they were doing. There was no fraud, no misrepresentation, no sharp practice and no dealing between unequal parties. The farm had been bought for $11,000 and was assessed for taxation at $6,300. The purchase price was $50,000. Zehmer admitted that it was a good price. There is in fact present in this case none of the grounds usually urged against specific performance. REVERSED in favor of Plaintiff. CRITICAL THINKING How can someone be held to have made a contract when the necessary acceptance was "in secret jest"? In other Type here to search 11:04 PM 55 F Clear A 4/9/2023