W. O. Lucy and J. C. Lucy, the plaintiffs, sued A. H. Zehmer and Ida Zehmer, the defendants, to force the Zehmers to transfer the title to the Ferguson Farm to the Lucys for $50,000. The Lucys alleged that the Zehmers had agreed to do so one night when Mr. Lucy had stopped in to visit the Zehmers in the combination restaurant, filling station, and motor court they operated. While there, Lucy tried to buy the Ferguson Farm just as he had tried many times before. This time he tried a new approach. Lucy said to Zehmer, “I bet you wouldn’t take $50,000 for that place.“ Zehmer replied, “Yes, I would too; you wouldn’t give fifty.” Throughout the evening, the conversation returned to the sale of the Ferguson Farm for $50,000. At the same time, the parties continued to drink whiskey and engage in light conversation. Eventually Lucy got Zehmer to write up an agreement to the effect that Zehmer would sell to Lucy the Ferguson Farm for $50,000 complete. Later, Lucy sued Zehmer to go through with the sale. Zehmer argued that he had been drunk and that the offer had been made in jest and hence was unenforceable. What evidence supports the conclusion that Zehmer was intoxicated? What evidence supports the conclusion that Zehmer was not intoxicated? Is Zehmer bound? (Lucy v. Zehmer, 196 Va. 493)