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· 2/13/2025

Peterka v. Janda

Citations

  • 2025 ND 38

Syllabus

A district court judgment denying and dismissing a complaint for declaratory judgment is affirmed. A district court's findings that an individual lacked capacity to enter into the option to purchase does not preclude a finding that the individual was of unsound mind, rendering the option to purchase voidable under N.D.C.C. § 1401-02. The standard to determine whether an individual lacks capacity to enter into a contract is distinct from the standard whether a contract or other conveyance is voidable under N.D.C.C. § 14-01-02.

Judges: Tufte, Jerod E.

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