Finally, Zehmer claims that he was “high as a Georgia pine” at the time but admits that he was not too drunk to make a valid contract. Decision?
Lucy and Zehmer met while having drinks in a restaurant. During the course of their conversation, Lucy apparently offered to buy Zehmer’s 471.6-acre farm for $50,000 cash. Although Zehmer claims that he thought the offer was made in jest, he wrote the following on the back of a pad: “We hereby agree to sell to W. O. Lucy the Ferguson Farm complete for $50,000, title satisfactory to buyer.” Zehmer then signed the writing and induced his wife Ida to do the same. She claims, however, that she signed only after Zehmer assured her that it was only a joke. Finally, Zehmer claims that he was “high as a Georgia pine” at the time but admits that he was not too drunk to make a valid contract. Decision?
This case covers the agreementual capacity, offer, and objective standard of intent; it comes under the Uniform Commercial Code (UCC). For the formation of a valid agreement, mutual assent or agreement is needed.
When the hidden purpose of one party are is made familiar to the other party, the mental assent of parties is not required. Terms and confidential purpose are considered by an objective standard to know the purpose of the agreement.
Individual Z cannot claim a agreement as a joke because the terms and behavior of a valid agreement authorize a sensible person to believe that the intention of signing the agreement is factual.
Individual Z is not too drunk to not to understand the description and outcome of the actions as per the valid agreement.
A binding agreement has been constructed between Individual Z and Individual L
The agreement was signed by Individual L because it was told to Individual L, by Individual L's husband, that signing the agreement was a joke.