Campbell v. Carr

603 S.E.2d 625 (2004)

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Nature of the Case

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Facts

D suffered from schizophrenia. D inherited a 108-acre tract of unimproved land. D contacted P, who had leased the property for thirty years, about selling the property to them. P told D the Tax Assessor's agricultural assessed value of the property was $54,000. P and D entered into a written contract for $54,000. P paid an earnest money deposit of $1000. D did not attend the closing because she felt the sales price was unfair. D returned the earnest money, but it was refused and returned to her. On February 9, 1999, D conveyed an undivided one-half interest in the property to her cousin, Ruth Riley Glover. The Tax Assessor had computed the fair market value of the property at $103,700. P admitted he had probably seen the Tax Assessor's fair market value of the property. An expert real estate appraiser found that the property had a fair market value of $162,000, or $1500 an acre when the contract was executed. At the time, P entered into the contract, she was taking ten milligrams of Haldol and five milligrams of Cogentin. She has been hospitalized five or six times for depression and schizophrenia. P sued for specific performance, and the trial court awarded it. D appealed.