Facts: Your office’s client, Hector Martinez, owns thoroughbred race horses. Last week, Buzz Bumstead, a stablehand whose primary duty is to clean the horse’s stalls at minimum wage pay, was admiring one of Hector’s champion horses, Pokey. Pokey had won the Kentucky Derby and was a favorite to win the upcoming Preakness.
After Buzz had asked some questions about the horse’s breeding and age, Buzz asked Hector, “How much will you take for Pokey?” Hector smilingly replied, “I’ll sell Pokey to you for $500.” “All right”, replied Buzz, “I’ll take Pokey.” Buzz simultaneously handed Hector $500 in cash. Hector immediately gave the money back to Buzz saying, “I had no idea that you had so much money. This horse is not for sale. Pokey would bring at least $500,000 at an auction or on the open market. It’s impossible for me to let you have Pokey for $500.” Although Hector refused to accept the money from Buzz, Buzz insisted that there was a valid contract and that he had bought the horse. Buzz has retained counsel to assist in enforcing the “contract”.
Hector has consulted your law office to ascertain if there is a valid contract and how he can get out of transferring ownership of Pokey to Buzz.
Your supervising attorney has given you the following project:
* list at least five issues that you would research;
* list at least five law books, series of law books, and/or WESTLAW databases that you would consult in preparing the memo of law;
* explain what information each of the law books, series of law books, or databases, that you mentioned in response to item 2, above, would provide you; and
* finally, rank the order in which you would utilize the law books, series, or databases, that you mentioned in response to item 2, above, from 1 (the first resource that you would consult) to 5 (the last resource that you would consult).
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