King v. Allen

1. Even if there were merit in the defendant’s contention that Mrs. Weeks lacked mental capacity to enter into the option or purchase and sale agreement — though based on the unfounded assumption that the physical infirmities from which she suffered made her mentally incompetent (compare Meserve v. Jordan Marsh Co. 340 Mass. 660, 662-668 [1960]; contrast Sutcliffe v. Heatley, 232 Mass. 231, 232-233 [1919]), and though contrary to the master’s finding that she had such capacity (see Michelson v. Aronson, 4 Mass. App. Ct. 182, 190 [1976] — the contention is not properly before us, as no…