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DeepDive for Lucy v. Zehmer

196 Va. 493, 84 S.E.2d 516 (1954)

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Lucy v. Zehmer | Case Brief DeepDive
Majority opinion, author: Buchanan, J.
Level 1
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This case involves a dispute over the sale of a farm between W. O. Lucy and J. C. Lucy (complainants) and A. H. Zehmer and Ida S. Zehmer (defendants). The complainants seek specific performance of a contract for the sale of the Ferguson farm for $50,000, which was written and signed by the defendants. The defendants claim that the contract was not serious and was made in jest, but the complainants argue that it was a valid agreement. The authenticity of Zehmer's signature and the seriousness of the agreement are in question, as Zehmer had consumed a significant amount of alcohol on the night in question. Witnesses have conflicting testimonies, and clear evidence is needed to support the defendants' defense. The lower court dismissed the complainants' bill, and the appeal is based on this action.

Zehmer's alleged intoxication does not invalidate the contract, as his detailed testimony and other evidence contradict his claim. The appearance of the contract, the lengthy discussion before signing, and the fact that Mrs. Zehmer also signed it suggest that the transaction was serious. Lucy's actions, such as financing the purchase and hiring an attorney to examine the title, support his belief that the contract was binding. The law looks to a person's outward expression of intention rather than their secret intentions. The contract is binding regardless of whether it resulted from a serious offer and acceptance or a serious offer and acceptance in secret jest. The defendants' argument against enforcing the contract is not supported by any usual grounds for opposing specific performance, and the purchase price was deemed fair. The case is being sent back to the lower court to require the defendants to fulfill their contractual obligations as requested by the plaintiffs.

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jb2028
21:06
And yeah, the passage @geauxblue notes *implies* that assets aren't considered in the PSLF plan (at least, not in the exact same way), but I for one am going to ask the HLS financial aid folks to walk me through it in excruciating detail before I sign up for $424K all in over three years
21:07
I’m with you jb
21:08
If you can go BL then exit into a PSLF eligible govt or PI role and get the benefits of LRAP then that’s massive
AnnoyingOpenYogurt
21:08
TY for all the info <3 and yes I will also need them to advise me lol
jb2028
21:09
Oh, and as an added bonus HLS lets you roll in up to $50K for undergrad/joint degrees and up to $15K in bar-related expenses as LIPP-eligible borrowing (for standard as well as PSLF tracks)
AnnoyingOpenYogurt
21:09
It feels weird to spend the ***k I’ve saved and go back to 0. But also scary to take out loans for full coa
AnnoyingOpenYogurt
21:10
manifesting good financial futures for all of us
jb2028
21:12
Beyond the (extremely generous) topline figures, the area where the HLS plan really shines compared to its peers (And so, I assume, do YLS/SLS, have not researched as much since I have not gotten As) is those fringe questions/cases - no maximum income, lots of ancillary loans can be rolled in, edge-case employment (non-legal nonprofit) is eligible, etc. All the stuff that is not as flashy for prospective students, but can help grads a lot if your law school has more money than God
AnnoyingOpenYogurt
21:14
ah I’m reading the website and u can’t use lipp if you’re borrowing instead of paying w savings, except those 10k x year protected assets
im leaning towards HLS over the BLOS
jb2028
21:18
For a sense of where the HLS endowment really makes a difference, compare to NYU - a peer school with a focus on PI. Under NYU's PSLF plan: Benefits start to phase out at the same $ amount as Harvard ($110K), but the phase-out is steeper (40% vs 30% of marginal dollars), they have a strict asset cap ($100K net worth or less), you can't roll as much debt in from undergrad ($30K vs $50K) or bar prep ($10K vs $15K), and non-legal nonprofit employment is not eligible
21:19
Damn so for NYU you CAN’T do BL then qualify for their plan
21:20
Or would the loans be accounted in your net worth so you still could
jb2028
21:25
I believe they'd be factored into your net worth, so you could do biglaw and then do the NYU LRAP if you slow-walk loan repayment and spend all your biglaw $ on hookers, blow, and increasingly Preſtigious (expensive) private schooling and enrichment for the kids
jb2028
21:25
Many such cases
jb2028
21:26
They just don't seem to make it out of biglaw when their lifestyle collides with the practical realities of government salaries
21:35
Jb when are you visiting HLS
jb2028
21:37
3/29 ASD. You?
21:43
April 12
21:43
Lmk how you like it!
jb2028
21:46
Will do!
I’m going April 12 too
im going 4/19 since it was cheaper for me lol
Lol got an an 11pm Duke A (automated email I have to assume?)
Guys I did not expect my cycle to go like this
wow incredible cycle!
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InshAllah
23:08
@DeafeningYouthfulLemon: wow congrats! God is good!
Thank you
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