Harris v. Rivard

Rummel, J. †

The plaintiffs, who are appellants here, seek specific performance of an earnest money agreement wherein they are purchasers, and the defendants, respondents here, are sellers. The only issue necessary to consider on this appeal is whether the defendant husband was mentally competent to enter into the agreement.

Although mental incompetency was pleaded as a defense, the plaintiffs proceeded in their case to present testimony concerning this issue by calling the defendants’ doctor and a nurse who helped to care for the husband in a nursing home where he was confined on the date of…