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.
Related cases
Levin v. Metro-Goldwyn-Mayer, Inc.264 F.Supp. 797 (S.D.N.Y. 1967)Clovis National Bank v. Thomas425 P.2d 726 (1967)Peter Kossian v. American National Insurance Co.254 Cal. App. 2d 647 (1967)First American National Bank v. Christian Foundation Life Insurance Co.420 S.W.2d 912 (1967)Bartus v. Riccardi284 N.Y.S.2d 222 (1967)