Heights Realty v. Phillips
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Heights Realty v. Phillips | |
Court | New Mexico Supreme Court |
---|---|
Citation | 749 P.2d 77 |
Date decided | January 26, 1988 |
Facts
- Heights Realty, Ltd. = "Heights" = plaintiff = entered into an exclusive listing contract = a New Mexico corporation
- Mrs. Gholson = "Gholson" = original named defendant = woman in her 80s = home seller
- Phillips = "Phillips" = defendant = Gholson’s son-in-law
- Gholson listed her home with Heights Realty seeking
- a purchase price of $250,000 &
- a down payment of $75,000.
2 week later, Gholson increased the down payment to $100,000.
- 1 month later, Heights presented Gholson with an offer of $255,000 which she rejected.
Procedural History
Heights sued Gholson for the commission it would have received for the $255,000 offer per the listing.
A psychiatrist testified that Gholson was incompetent when she signed the agreement to list her home.
A 2nd psychiatrist gave a conflicting assessment.
In the middle of the case, Gholson was declared incompetent judicially & Phillips was appointed as her conservator.
Heights lost in the trial court.Issues
Can a person have the mental capacity to enter into a contract if that person can't reasonably understand the nature & effect of the contract?
Arguments
Gholson testified that she didn't remember signing the addendum to the listing contract.
Phillips took over for Gholson & testified that her mother-in-law Gholson had been in mental decline.Holding
No. A person doesn't have the mental capacity to enter into a contract if that person isn't capable of reasonably understanding the nature & effect of the contract.
Judgment
Affirmed
Reasons
Justice Stowers: Gholson had been adjudged incompetent.
Comments
Gholson died in 1993.
Resources