Masoner v. Bates County National Bank

CLARK, Judge.

This suit by Ralph Masoner sought rescission of a transaction entered into by Masoner with respondent bank in March, 1985. The action was based on Masoner’s assertion that he was under a mental disability at the time the contract was made, that the bank breached a fiduciary duty owed Masoner on account of its knowledge of Masoner’s incompetence and that Ma-soner should be restored to all things lost in the venture. The trial court found the issues against Masoner after a bench trial and he appeals.

No findings of fact were made by the trial court. We therefore restate the facts…