Current Edition- California Business Practice

The Peacemaker Quarterly- April 2014

Friday, November 20, 2009

Lucy v. Zehmer

Facts: Plaintiff J. C. Lucy had interest in Zehmer’s farm property for the past 8 years. Zehmer has always denied the sale of property under normal circumstances. After a night of drinking and jest, Lucy eventually got Zehmer to draw up a contract for the sale of the farm for $50,000. When Lucy later tried to enforce the contract, the trial court found for the defendants. The plaintiff appealed.

Issue: Whether a meeting of the minds is required for the formation of a contract.

Rational: There was no outward expression in the defendant’s intention. If his words and actions, judged by a reasonable standard, note an intention to accept, it is irrelevant what may be the real yet unexpressed state of his mind.

Conclusion: Appellate Court reversed and remanded in favor of the plaintiff, Lucy.

Group Consideration: We disagree with the courts decisions to uphold the contract because no true meeting of the minds existed in the presence of unreasonable intoxication.


Casey Wilkins

Dan Pena

Kyle Sullivan

Steven Chatwood

Alyssa Perry

Bridget O’Connor

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