Stephens County Museum, Inc. v. Swenson

I join Chief Justice McCloud in his concurring opinion as to all matters except his agreement that Special Issues No. 2-B, 3-B, 4-B, and 5-B, are ultimate and controlling issues. In so holding, the majority opinion concludes the findings that the Plaintiff sisters “did not understand” require setting aside the transactions inquired of in the designated issues. I cannot agree and respectfully dissent.

In the case at bar the Plaintiff sisters do not plead or suggest in the trial any mental incapacity on their part. There is no finding of fraud, accident, mutual mistake or misrepresentation of…