John Jacobs and his wife Bev live in Bibb County, Georgia. The Jacobs Farm has been in the family for years; when John inherited it, the farm was more than 350 acres. None of their children are interested in farming or living in Bibb County, and in the past five years, John and Bev have sold all but the farmhouse and adjacent 50 acres.

Cole Heathson and his wife Pam own and live on a farm that borders the Jacobs Farm. The two couples have been friends for more than 20 years and Cole has offered to buy it from John many times in the past decade to increase his acreage. Several years ago, John told Cole that when he and Bev were ready to sell the farm, they hoped they'd be able to work out a deal so Cole and Pam could purchase the additional acreage they sought.

In late October, the Heathsons and Jacobs had dinner together at the Heritage House Restaurant. After a few drinks, Cole raised the issue again, but tried a different approach, telling John, "I bet you wouldn't take $150,000 for the farm." John responded, "Yes, I would too. But, you're so miserly, you wouldn't ever offer me one-fifty." Throughout the evening, both men continued to drink whiskey and engage in light conversation, and about 10:30, the conversation returned to the sale of the Jacobs Farm for $150,000.

Eventually, John agreed to sell the farm to the Heathsons for $150,000 cash to include the farmhouse, barn, other buildings, and all farm tools and implements, and the complete 50 acres. For more than 40 minutes, they discussed what was to be included in the sale, including a provision for the examination of title to the property. Eventually John drafted a sale contract on a piece of paper that included the address for the farm, identified what was included in the sale, and specified a closing date to transfer ownership that would be no later than December 31. John and Cole signed the document and celebrated the deal with another toast. At the end of the evening, Cole and Pam left with the contract and promised to contact the Jacobs the next day after they talked to their realtor to arrange and handle the closing.

When Cole contacted John the next day, John said he hadn't sold the Heathsons the Jacobs Farm. John described the transaction "as just two doggoned drunks bluffing to see who could talk the biggest and say the most." He claimed that the offer had been made in jest and did not create a contract.

Cole and Pam Heathson have now sued to enforce the contract and compel the Jacobs to sell the family farm.