1. Why must a joke be visibly a joke to a reasonable observer for there to be no acceptance?
2. Could Lucy demand specific performance? Why or why not? What was the legal reasoning?

Issue:

Will a contract formed in jest (at least according to one party) be enforceable?

Facts:

Lucy and Zehemer were at a Holiday party and had both been drinking. Lucy wanted to buy Zehmer's farm, but know Zehmer was reluctant to sell it at any price. Lucy told Zehmer that Zehmer would not even accept $50,000 for his farm. Zehmer claimed he would and wrote an agreement to sell the farm to Lucy on a napkin. Zehmer and his wife signed the napkin. Lucy then tried to give Zehmer a five dollar down payment, but Zehmer said he had just been joking. Lucy sued for specific performance of the contract.