Speaking of Lucy v. Zehmer, I had never taught the case until this year. I don’t know why so many casebooks no longer include it. My students responded very well to it, and we had a very interesting discussion both of the joke/dare issue and of the drunkenness issue. How drunk does one have to be to be adjudicated incompetent to enter into a contract? Zehmer claimed he was “high as a Georgia pine.” That might have been enough, but the court didn’t buy it.
Lucy v. Zehmer Limerick
Somecome to Virginnieto dine
Somecome to draft contracts and sign.
Asdid Zehmer, and so
Hewas bound even though
Hewas high as an old Georgia pine.
[JT]
