Brief Fact Summary. The Plaintiff, Heights Realty, Ltd. (Plaintiff), entered into an exclusive listing contract with Johnye Mary Gholson (“Mrs. Gholson”), who was 84 years old when she signed the contract. Later, it became evident that the Defendant was mentally incapable to handle her affairs. Plaintiff brought suit against Phillips, the Conservator of Mrs. Gholson’s estate, to enforce its commission.
Synopsis of Rule of Law. Mental incapacity serves to nullify a contract.
Issue. The issue presented by this case is whether an 84 year old woman, who was later adjudicated incompetent, had the capacity to contract.
The Court focused on the test of mental competency, which is whether a person is capable of understanding the nature and effect of the act in which they are intending to engage. In this case, the test is whether Mrs. Gholson was able to comprehend the effect of her actions when she entered into the exclusive listing agreement with Plaintiff.
In determining whether a party lacks competency, both expert and personal witness information is used, along with evidence of prior and subsequent condition. The Defendant, the son-in-law of Mrs. Gholson, along with her granddaughter and a psychiatrist were all able to testify that Mrs. Gholson did not have the capacity to contract and that it ought to be rescinded on the grounds of mental incapacity.
This Court will not disturb findings, weigh evidence, resolve conflicts or substitute its judgment as to the credibility of witnesses where evidence substantially supports findings of fact and conclusions of law of the trial court.View Full Point of Law