Friendly Ice Cream Corporation v. Beckner
Supreme Court of Virginia
597 S.E.2d 34 (2004)
Beatrice Beckner (plaintiff), then 80 and recently widowed, negotiated with Friendly Ice Cream executive Sandra Hughes to amend a commercial lease and assign it to a bank that wanted to demolish the leased ice-cream store and build on the property, in exchange for a modest rent increase over the original lease terms. Beatrice worked with her own attorney, son, insurance agent, and a longtime friend during the negotiations, though there was some confusion over which advisor Hughes should coordinate with, and the amendment was ultimately executed. Beatrice's son later argued the new rent was well below fair market value and that Hughes had taken advantage of his mother; the trial court agreed the amendment resulted from undue influence and rescinded it, and Friendly and its subsidiary (defendants) appealed.
Whether a contract may be rescinded for undue influence based on a party's advanced age and a modest rent increase, absent clear and convincing evidence of either grossly inadequate consideration or suspicious circumstances surrounding execution.