Supreme Court of South Dakota
325 N.W.2d 678 (1982)
Mr. and Mrs. French (Frenches) (defendants) befriended an elderly woman, Mrs. McWilliams. During the time of the friendship, the Frenches delivered groceries to Mrs. McWilliams and constantly checked up on her. At one point, the Frenches told Mrs. McWilliams that they would take care of Mrs. McWilliams for the rest of her life. Later, the Frenches told Mrs. McWilliams that it would be better for Mrs. McWilliams to move to a smaller house. Mrs. McWilliams then offered to sell her house to the Frenches. The parties agreed on a price of $40,000 with an interest rate of one percent. At the time, the going interest rate in South Dakota was six to eight percent. The agreement also stated that Mrs. McWilliams would live in the house for an additional two years rent-free. Mrs. McWilliams’ lawyer advised her that there had been higher offers for the house and that the interest rate was very low. Mrs. McWilliams declined to take the advice and sold the house to the Frenches. After Mrs. McWilliams’ death, the executor of the estate, Kase (plaintiff) attempted to rescind the sale of the house. The trial court upheld the sale finding no undue influence existed. Kase appealed.
Rule of Law
Holding and Reasoning (Wollman, J.)
Dissent (Henderson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 240,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.