Swift & Co. v. Smigel

115 N.J. Super. 391 (1971)

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Nature of the Case

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Facts

Smigel (D), who was an adjudicated mental incompetent and was dead by the time this case was tried, entered into a continuing guaranty contract with Swift (P) for goods sold to the Pine Haven Nursing Home and Sanitarium. The agreement had been entered into before D had been adjudicated an incompetent. The agreement covered future deliveries until revoked. D died, and Pine Haven filed for bankruptcy. P sued the estate of D on the guarantee contract. That action was dismissed; the incompetency of the offeror revoked the offer.