METHODIST MISSION HOME OF TEXAS V. N___.A___.B___.
451 S.W. 2d 539 (Tx. 1970)
NATURE OF THE CASE: This was an action to rescind a contract.
FACTS: Plaintiff (P) was an unwed mother who consented to have her baby placed in the
Methodist Mission Home of Texas (D) for adoption. After having the child, P changed her mind
and decided to keep the baby. One of D's counselors spent five days with P attempting to
convince P to give up her child for adoption. D told P that she had no right to keep the
baby; she was selfish; and if 'she was any kind of person' she would consent to the
adoption. P was told by D that her parents were attempting to take advantage of her because
they offered to support her and the child. P finally consented to the adoption. P was
characteristically shy and was additionally physically weak and emotionally distraught
during this period in time. After consenting for the second time, P again sought to revoke
her consent to the adoption alleging undue influence. The trial court agreed with P. D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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