Lucy and Zehmer are sitting in the bar of the Zehmer's restaurant, the Olde Virginnie, in Kopperl,
Question:
Lucy and Zehmer are sitting in the bar of the Zehmer's restaurant, the Olde Virginnie, in Kopperl, Texas. Lucy offers $500,000 for a piece of property that Zehmer owns called the "Ferguson Farm." After negotiation, Zehmer handwrites the following on the back of one of his customer bar tab checks: "I agree to sell to W.O. Lucy the Ferguson Farm complete for $500,000.00, title satisfactory to buyer." Beneath it he writes the date and signs his name, "A.H. Zehmer." Lucy leaves, taking the document with him. The next day Zehmer calls Lucy and says, "I changed my mind, I don't want to sell the farm." He refuses to convey the property or take Lucy's payment. Lucy sues. Zehmer argues that the written memorandum does not satisfy the Statute of Frauds and thus the contract is unenforceable because it does not contain reasonably certain terms. Lucy has witnesses to testify that people in Bosque County, Texas, understand that "the Ferguson Farm" is a particular piece of property located at 1042 Route FM-56. That farm consists of 403 acres of land, on which are a small house, several outbuildings, livestock facilities, an irrigation system for the grass, two large tractors, and a herd of 200 purebred Charolais cattle. Does the Texas Statute of Frauds (quoted immediately before the problems) prevent Lucy from enforcing the agreement?