Agreement And Promise

[5] W. O. Lucy, a lumberjack and peasant, testified essentially that he had known Zehmer for fifteen or twenty years and had known the Ferguson farm for ten years. Seven or eight years ago, he offered Zehmer $20,000 for the farm that Zehmer had accepted, but the deal was oral and Zehmer withdrew. On the night of December 20, 1952, at about eight o`clock, he took an employee to McKenney, where Zehmer lived and operated a restaurant, gas station, and garage. It was there that he decided to see Zehmer and try again to buy the Ferguson farm. He walked into the restaurant and talked to Mrs. Zehmer until Zehmer entered. He asked Zehmer if he had sold the Ferguson farm. Zehmer replied that he had not.

Lucy said, “I bet you wouldn`t take $50,000 for this place.” Zehmer replied, “Yes, I would too; You wouldn`t give fifty.¬†Lucy said he would and told Zehmer to write an agreement to that effect. Zehmer wrote a restaurant cheque and wrote, “I agree to sell the Ferguson farm to W.O. Lucy for $50,000.¬†Lucy told him to change it to “us,” because Ms. Zehmer would have to sign it too. Zehmer then tore up what he had written, wrote the above agreement, and asked Mrs. Zehmer, who was ten or twelve meters from the other end of the meter, to sign it. Ms. Zehmer said she was going for $50,000 and signed it. Zehmer brought it back and gave it to Lucy who offered him $5, which Zehmer refused and said, “You don`t need to give me money, you signed the agreement of the two of us there.” Sometimes a so-called promise is just a joke. In the famous case of Leonard v. Pepsico, 88 F. Supp.

116 (S.D.N.Y. 1997), the court considered Leonard`s assertion that a “Pepsi Stuff” advertisement was a promise to collect 7,000,000 Pepsi points for a Harrier Jet. Leonard filed an order form, fifteen Pepsi points and a check for $700,008.50 to purchase the remaining points. Although the order form offers additional points of 10 cents each, the jet has not been mentioned as an available bonus. Leonard wrote in “1 Harrier Jet” in the “Item” column and “7000000” in the “Total Points” column. Pepsico returned Leonard`s filing, explaining that the company had taken the images of the Harrier Jet for its comic book effect. The Tribunal also dismissed the applicant`s appeal and stated: [10] The source of the commitment in a truly implicit contract, as in explicit contracts, is in the intention of the parties. . .


Jason Thane Jeffers

Jason Thane Jeffers

Jason Thane Jeffers - Metal sculptor and Web Developer.