Heights Realty v. Phillips
|Heights Realty v. Phillips|
|Court||New Mexico Supreme Court|
|Citation||749 P.2d 77|
|Date decided||January 26, 1988|
- 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.
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.
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.