Question
In the Lucy v. Zehmer case, which we read in Chapter 3, the contract for the sale of the farm was handwritten by Mr. Zehmer
In the Lucy v. Zehmer case, which we read in Chapter 3, the contract for the sale of the farm was handwritten by Mr. Zehmer on the back of a blank guest check from his restaurant. The writing simply stated, We hereby agree to sell to W.O. Lucy the Ferguson Farm complete for $50,000, title satisfactory to the buyer. It was signed by both Mr. and Mrs. Zehmer. Suppose Mr. Zehmer wished to proceed with the contract (unlike in the real case). Mr. Lucy also wants to proceed (at least initially). Assume that on the day after Mr. Zehmer executed the writing on the guest check, Mr. Lucy wrote a note to his brother stating, I have just bought the Ferguson farm from [Mr.] Zehmer for $50,000. Would you like to contribute half the price and be a co-owner with me? Let me know. W.O.L. The next day Mr. Lucys brother refused this offer, and Mr. Lucy began having second thoughts about buying the farm. Could Mr. Lucy now assert that the application of the statute of frauds prevented a contract from ever arisingwhy or why not? (Assume that the Zehmers have learned about the existence of this note sent between Mr. Lucy and his brother)
P.S. Please note that the answer is required in (IRAC) format .1. Issue 2. Rule 3. Analysis 4. Conclusion
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started