Johnny B. Goode is 21 years old. When he was 16, Johnny experienced a complete mental breakdown. While he has since recovered, Johnny suffers with bouts of depression and severe anxiety. Johnny lives at home with his family in Bellingham. As part of his ongoing therapy, Johnny plays the piano with several friends. Johnny recently purchased a used piano at a local thrift store for $188.45. The piano is ten years old and is in poor, but usable condition. Based on his knowledge of the used piano market, Johnny believes the piano is actually worth around $300. Chuck, a 31-year old busy music executive, lives down the street from Johnny’s family in Bellingham.
As a hobby, Chuck collects old pianos. One day, Chuck saw Johnny playing his piano. He asked Johnny how old the piano was and what condition it was in. Johnny said, “It’s kind of old, but it works great.” Chuck said, “I love the look of that piano – it gives off a cool vibe. I’ll give you $250 for your piano.” Johnny replied, “I recently purchased the piano, and I’m not sure I want to part with it.” Chuck pleaded, “OK, I’ll give you $500 for the piano, but that’s my final offer.” Johnny, who wasn’t feeling well, said “Whatever”. Chuck gave Johnny a check for $500 and took the piano. Johnny put the check into a box under his bed.
Johnny later regretted selling the Piano to Chuck and asked him to return it. Chuck said “no”. Johnny isn’t sure what to do, so hires you as his lawyer. He wants to know if a legally binding contract exists between him and Chuck. You remember from your Business Law class that the necessary elements of a contract are mutual assent (offer and acceptance), consideration, capacity, and legality. You decide to analyze each of those elements with respect to the facts of this case and to determine Johnny’s strongest argument that a contract does not exist and Chuck’s strongest argument that a contract does exist. You should also determine who will likely win and why. Your analysis should be as detailed as you can make it.