Estate of Link v. Wirtz

Swinehart, J.:

This is an appeal by defendant Jerome A. Wirtz from the judgment of the District Court of Barton County which reformed the rental rate provision of a lease.

On January 3, 1958, defendant Wirtz entered into a real estate lease with D. F. Deutsch. At the time Deutsch was eighty-four years old and had, because of a previous stroke, given a granddaughter, Mary Sue Gillen, his power of attorney. Deutsch did not consult with Gillen prior to making the lease with defendant. The terms of the lease provided for a tract of land to be leased to *187defendant for a period of twenty years,…