Kase v. French

325 N.W.2d 678 (1982)

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Nature of the Case

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Facts

Mrs. Williams was a widow in her 80's and was met and befriended by the Frenches. Eventually, a series of transactions were entered into that could be viewed as taking advantage of Mrs. Williams; the sale of an alleged house worth $90,000 for $40,000 for 1% interest and no downpayment. The contract was consummated with the full knowledge of Mrs. Williams' attorney and against his advice. The administrator of her estate sued to vacate that contract and to recover various cash transfers obtained allegedly from undue influence. The trial court upheld the validity of the contract in that no confidential relationship was present between Mrs. Williams and Frenches. P appealed.