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Cundick v. Broadbent

United States Court of Appeals for the Tenth Circuit
383 F.2d 157 (1967)



At a meeting in September 1963, Darwin Cundick (plaintiff) entered into a contract to sell his sheep ranch to J.R. Broadbent (defendant). Mr. Cundick and his wife had the contract reviewed and revised by their attorney, after which the parties again signed. In October 1963, the Cundick’s attorney helped the parties to amend the agreement and increase the purchase price. By March 1964, Broadbent had paid the purchase price and the sale was almost complete, but Cundick’s wife, as guardian ad litem, filed an action to rescind the contract due to her husband’s mental incapacity. Evidence showed that the sheep ranch was worth double the amount for which Cundick agreed to sell, and that Cundick had been treated for mental illness in 1961, and that he was confused and had very poor judgment. Finding Cundick competent to handle his affairs and that the contract was not unconscionable, the trial court dismissed Mrs. Cundick’s action. Mrs. Cundick appeals.

Rule of Law


Holding and Reasoning (Murrah, C.J.)

Dissent (Hill, J.)

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