CUNDICK V. BROADBENT 383 F.2d 157 (10th Cir. 1967) CASE BRIEF

CUNDICK V. BROADBENT

383 F.2d 157 (10th Cir. 1967)

NATURE OF THE CASE: Cundick (P), wife, as guardian ad litem for her husband, appealed a dismissal of her action against Broadbent (D), buyer, seeking to set aside an agreement for the sale of livestock, equipment, shares of stock in a development company, and base range land.

FACTS: Darwin Cundick was a 59-year-old sheep rancher who sold his lamb crop to Broadbent (D). In 1963, P agreed to sell all his ranching properties to D. The agreement was amended twice, with the aid of Cundick's attorney, and under the final agreement more than 2,000 acres of range land, valued at $89,000, sold for about $40,000. Included was Cundick's interest in a development company worth $184,000 for only $46,750. In March 1964, when the price was paid and the sale almost completed, Mrs. Cundick (P) sought to rescind. As guardian ad litem for Darwin, P brought an action against D, asserting that her husband was mentally infirm and thus incompetent to contract. Examinations revealed that he had premature arteriosclerosis, and evidence indicated a change in his personality and attitude toward his business affairs in recent years. Cundick also had psychiatric treatment in 1961. Two neurosurgeons and a psychiatrist testified that Cundick had been incapable of transacting important business affairs and that he was confused and befuddled. The trial court found that he was competent and dismissed P's complaint. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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