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Cundick v. Broadbent

United States Court of Appeals for the Tenth Circuit

383 F.2d 157 (1967)

Relevant factsFree

Cundick (plaintiff) sold his sheep ranch to Broadbent (defendant) for roughly half its actual value, with the assistance of his own attorney who helped negotiate an increased price in a later amendment; despite evidence Cundick had been treated for mental illness in 1961 and exhibited confusion and poor judgment, his family — including his wife, who assisted him throughout the transaction for months — never perceived any incompetency at the time, and the trial court found him competent and the contract not unconscionable.

IssueFree

Whether a contract entered into by a mentally deficient person is void for lack of capacity to contract.

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