Question

In Case 11.1, Lucy v. Zehmer, assume that there had been reliable testimony at trial establishing the following facts: Before presenting his hand-written contract of sale to Lucy, Mr. Zehmer privately asked his wife to sign the writing. When she hesitated, Mr. Zehmer said, "Oh, go ahead and sign it. It's just a joke on Lucy, is all." If those facts had been established in the trial record, would it have been appropriate for the Supreme Court of Virginia to affirm, rather than reverse, the trial court's judgment in favor of Zehmer?
a. No, because Zehmer's words and conduct with Lucy still could still be reasonably interpreted by Lucy to indicate that he intended to sell the house to Lucy.
b. Yes, because the conversation between Mr. And Mrs. Zehmer indicates that Mr. Zehmer never intended to enter into the contract.
c. No, because Zehmer's words to his wife are inadmissible as hearsay.
d. Yes, because Lucy should have known that Zehmer was not serious about the offer.

Answer

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