1. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LUCY v. ZEHMER 196 Va. 493, 84 S.E.2d 516 (1954) Case Brief

2. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LUCY v. ZEHMER PURPOSE: Lucy addresses the issue of the validity of an offer.

3. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LUCY v. ZEHMER CAUSE OF ACTION: Breach of contract (suit for specific performance).

4. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LUCY v. ZEHMER FACTS: The instrument sought to be enforced was written by A.H. Zehmer with these words: “We hereby agree to sell to W.O. Lucy the Ferguson Farm complete for $50,000, title satisfactory to buyer,” signed A.H. Zehmer and Ida S. Zehmer. The parties had been drinking together prior to this transaction. Zehmer insists that the transaction was a joke, the offer not valid.

5. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LUCY v. ZEHMER ISSUE: Whether Zehmer’s claim of joke invalidated the contract.

6. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LUCY v. ZEHMER HOLDING: No, the contract is enforceable.

7. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LUCY v. ZEHMER REASONING: Intentions of the parties to a contract are determined by a reasonable interpretation of their manifest conduct and expression. Unexpressed subjective intent of one of the parties may not invalidate the contract. It is immaterial what may be the real but unexpressed state of his mind.