Moe Howard is looking to buy a car for his son, Curly Howard. Moe sees the following posted on

CraigsList:

For Sale: 2012 Mazda 6, 95,000 miles, asking $7500. If interested, call Larry Fine at 867-5309.

Moe calls Larry and says "I'm interested in buying your car for my son Curly, who just turned 21. When

can he see it?" Moe and Larry agree to meet, and Larry allows Curly to take a test drive. At the end of

the test drive, Moe tells Larry, "I'll get back to you."

Two days later, Moe e-mails Larry with the following note:

"I'd like to buy your car, but only for $6000, and then I want new tires put on the car."

Larry responds via e-mail: "Sorry, I can't accept $6000, but would take $7000. And I'm not buying new

tires."

Moe thinks it over and responds via a phone call to Larry a day later, saying "I'll pay $6500, but that's

all." Larry immediately says "it's a deal" over the phone. Moe is thrilled, because he thinks the car is

worth over $7500, and believes he has put one over on Larry.

Moe, Larry and Curly meet a week later, and Moe gives Larry a check for $6500, with a notation saying

"for purchase of Larry Fine's 2012 Mazda 6." Larry hands over the keys and the title to Moe,

saying..."good luck with the car. It's a cream puff."

A week later, the following events occurred:

1. Curly finds a rare stamp in the glove box, worth $10,000.

2. On a long drive, Curly notices that the air conditioning in the car stops working after 1 hour.

3. When Moe brings the car into the local mechanic, the mechanic says that the car must have

been in a flood in the past, as there is mold under the floor mats, which appear to have been

recently replaced and glued to the floor.

4. Also, the mechanic says that the car has had some kind of modifications made to It, and the

emissions system is one that will not the pass inspection required to re-register the car.

Moe complains to Larry about items 2, 3, and 4 and wants Larry to pay for fixing those problems. Larry

refuses to pay anything and demands the stamp back, saying that it's not part of the deal.

Curly ends up losing his job at Burger King, because he refuses to drive the car with all these issues.

When Larry refuses to pay Moe any money for repairs, Moe puts up a sign on Moe's lawn saying "Larry

Fine is a criminal, don't do business with him." Larry's boss Edmund Fitzgerald sees the sign, asks Moe

what happened, and Edmund fires Larry in reliance on Moe's statement in the sign. Larry becomes

enraged and drives his car over the sign, damaging Moe's beloved garden of rare petunias and ripping

up Moe's grass. During this incident, Larry's car hits an old, unused and partially buried well on Moe's

property, ruining the front tires on Larry's car, and causing Larry to wreck the front end of his car.

Questions.

Be sure

in each case

to identify the legal issues, identify the elements of each issue, and

apply the relevant facts to those elements in making your conclusions

:

1. Is there a contract here between Larry and Moe for the sale of the Mazda? If so what makes it a

contract?

2. What is the legal basis for Moe's claims against Larry for payment of repairs for the air

conditioning, the mold and the emissions system?

3. What is the legal basis for Larry's claim for a return of the stamp?

4. What claims might Larry and Moe have against each other relating to Moe's sign, and Larry's

subsequent enraged actions, and the resulting damage to Moe's property and Larry's tires and

car? What defenses does each have (if any)?

5. Does Curly have any rights to make claims here? On what basis (since he is not a party to the

contract)?

Extra credit: In addition to the wreck of Larry's car while driving over Moe's lawn, there is another

wreck alluded to in this fact pattern, made famous in a song from the mid-1970s. Name the song and

the artist. Worth one point on the assignment to make up for a missed point elsewhere. Your total

score on the Practical Assignment may not exceed 15 points in any event.