HEIGHTS REALTY, LTD. V. PHILLIPS
749 P.2d 77 (1988)
NATURE OF THE CASE: This was a dispute over an exclusive listing contract. Heights (P) appealed an order, which found that Phillips (D) lacked the mental capacity to have validly executed a contract.
FACTS: Heights (P) performed under an exclusive listing contract in finding Mrs. Gholson represented by Phillips (D), a buyer to purchase her property. Mrs. Gholson was eighty-four years old when she signed the contract that listed her property for one year in the amount of $250,000 with a cash down payment of $75,000. An offer was made to purchase the property for $255,000 and she did not accept. Mrs. Gholson was adjudicated incompetent and following a bench trial she was found to have lacked the mental capacity to enter into the contract with P. P appealed; the presumption of competency was not overcome by clear and convincing evidence.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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