Zane and Linda had often discussed the sale of a Zane's restaurant to Linda. One night Zane and Linda were in a bar and again discussed the sale of the restaurant. At this time, Zane agreed in writing to sell the restaurant to Linda for $100,000 dollars. Both Zane and Linda signed the written note made on a paper napkin. Although Zane had two beers before writing the note, he was not drunk. Later Zane said this was all a joke and he never meant to sell the restaurant. Linda stated that she never believed it was a joke. A later appraisal showed the business was worth approximately $125, 000 dollars. Was there mutual consent? Is there an enforceable contract?
See Lucy v. Zehmer, 196 Va. 493; 84 S.E.2d 516 (1954).