ALTERNATE CASE PROBLEMS
Frank Feiden was diagnosed with Alzheimer’s disease
On January 11, 1986, during a hospital stay for surgery Feiden conveyed his
farm to his sons, Harry and Norman.
Harry was deeded a larger share of the property
Norman asked a court to set the deeds aside, alleging that his father was
not mentally competent when the deeds were signed.
Medical evidence introduced at
A physician, a psychiatrist, and an attorney all testified that when they
had seen Frank at various times during 1985 and early 1986, Frank had been unable to
handle his financial affairs or understand the legal consequences of his actions.
Another psychiatrist, however, testified that Frank “had lucid intervals.”
who obtained Frank’s signatures on the deeds stated that Frank understood what he
was signing and was aware that he was deeding more of the property to Harry than to
The nursing summaries indicated that on the day that the deeds were signed,
Frank was having lucid periods.
How should the court rule?
, 151 A.D.2d 889, 542 N.Y.2d 860 (1989)]
Contracts by Minors.
Smith purchased a car on credit from Bobby Floars
Toyota, Inc., a month before his eighteenth birthday.
Smith made regular monthly
payments for eleven months but then returned the car to the dealer and made no fur-
ther payments on it.
The dealer sold the car and sued Smith to recover the difference be-
tween the amount obtained by the sale of the car and the money Smith still owed to the
Smith refused to pay on the ground that he had been a minor at the time of pur-
chase and had disaffirmed the contract after he had reached the age of majority.
the car dealer succeed in its claim that the ten monthly payments made after Smith
turned eighteen constituted a ratification of the purchase contract?
Floars Toyota, Inc. v. Smith,
48 N.C.App. 580, 269 S.E.2d 320 (1980)]
Contracts by Minors.
Robertson, a minor, entered into a conditional sales
agreement whereby he purchased a pickup truck from Julian Pontiac Co. for $1,743.85.
Robertson traded in a passenger car for which he was given a credit of $723.85 on the
purchase price, leaving a balance of $1020, which he agreed to pay in twenty-three
Robertson had already paid one of the installments when the
pickup truck began to experience electrical wiring difficulties.
Less than a month after
the purchase of the truck, Robertson turned eighteen.
About two weeks later, as a result
of the electrical wiring defects, the truck caught fire and was practically destroyed.