Church v. Bruce

This is an action to enforce specific performance of a written option to sell certain real estate. One of the defenses interposed was that the defendant Sarah C. Bruce (who will be referred to as though she were the only adverse party) was mentally incompetent at the time the contract was executed. The trial court, in a memorandum opinion, sustained the defense of incompetency and entered a judgment dismissing the action, from which the plaintiffs appeal.

The property involved is the home of the respondent in which she has resided for many years, and in which she and her husband resided prior…