American Contract Law for a Global Age, 2017a

“You know, Zeke,” he says, “I’m really torn about the Corvette.”
“What about it?” says Zeke.
“Well,” says Jay, “business has been off at the shop with this recession, and a
lot of my investments are down. You know, the economy and everything.”
“Of course,” says Zeke. “Things are tough.”
“They sure are. Fact is, though, much as I don’t want to, I’ve got a Corvette I
don’t need, and some ready cash would be very helpful.”
“You mean, you want to sell your Corvette?”
“I don’t really want to. But you know how it is.”
“Sure,” says Zeke, who really doesn’t, since his investment bank paid him a
hefty bonus this year. But he says, “How much are you asking?”
Jay hesitates. “I hadn’t really decided on it.”
“Well, if it will help you out I’ll give you $65,000 for it, right now,” says Zeke.
Jay shakes his head. “Thanks. I appreciate that. But I’m not sure I really want
to sell. The cash is tempting, but . . . . “ He breaks off.
“But what?”
“I want to think it over. It’s a tough decision.”
“Tell you what,” says Zeke. “I’ll give you $70,000 right now.” He pulls out a
checkbook. “Right now,” he repeats. “That’s a very good offer, you know.”
“I know.” Jay hesitates again. “Actually, I feel like I’m taking advantage of you
at that price.”
Zeke waves a hand. “Don’t worry about me. I can afford it. The investment
banking business is still going strong.” He grins and takes out a pen. “I can write the
check right now. It’s good. You can get the cash tomorrow morning.”
Jay agrees. Zeke writes the check. Jay insists on filling out a bill of sale,
specifying the price and a Vehicle Identification Number of 299492033218. He tells
Zeke that the Corvette (and the title document) is down at Jay’s shop, getting a new
wax polishing, and that Zeke can pick it up tomorrow.
The next day Zeke goes to Jay’s shop and is handed the keys and the signed
title to the freshly polished but still rather battered 1994 Corvette. He is furious. He
charges into Jay’s office, but Jay just laughs at him. Jay had cashed the check first
thing in the morning and has already pocketed the proceeds. Zeke threatens all sorts
of dire things.
“You bought a Corvette,” says Jay. He picks up the bill of sale. “You got a
Corvette. It’s VIN 299492033218, exactly what it says on the bill of sale and on the
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UNIT 3: MUTUAL ASSENT 53