Cravey v. Johnson

I respectfully dissent. In my view, Cravey’s amended complaint and affidavit submitted in opposition to Johnson’s motion for summary judgment did not raise genuine issues of material fact.

1. With regard to Cravey’s claim that he was mentally incompetent to execute the release, this Court should recognize and apply the rule that “every man is presumed to have all his mental faculties and to be of normal and ordinary intelligence, and where it is contended that one who executed a contract was not competent to execute it, the burden is upon him who asserts the incompetency. Mental or physical…