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Defendant appealed the judgment entered in favor of plaintiff, ordering specific performance of a contract between plaintiff and decedent. Plaintiff and decedent developed a close relationship as plaintiff farmed decedent’s property. However, after signing a contract to sell the property to plaintiff, decedent received a higher offer from a neighbor, and the parties failed to close on their contract. On appeal, defendant argued that the trial court erred in finding that decedent had capacity to enter the contract and that there was no undue influence.
Where there was substantial and weighty evidence to find that decedent had contractual capacity and that plaintiff did not unduly influence decedent, the trial court did not err in holding a bench trial on the equitable claim for specific performance or entering judgment for plaintiff.
Judgment is affirmed.
Barron v. Parker (MLW No. 83745/Case No. WD87250 – 23 pages) (Missouri Court of Appeals, Western District, Thomson, J.) Appealed from circuit court, Livingston County, Horsman, J. (Daniel R. Young, Kansas City for appellant) (Trentis E. Miller, Chillicothe for respondent)