Betty Galloway, an alcoholic, signed a settlement agreement upon her divorce from her husband, Henry Galloway. Henry,
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Betty Galloway, an alcoholic, signed a settlement agreement upon her divorce from her husband, Henry Galloway. Henry, in Betty’s absence in court, stated that she had lucid intervals from her alcoholism, had been sober for two months, and was lucid when she signed the settlement agreement. Betty moved to vacate the settlement agreement after she had retained present legal counsel. Four months later, Betty was declared incompetent to handle her person and her affairs, and a guardian and conservator was appointed. Betty, through her guardian, sued to have the settlement agreement voided. Who wins? Galloway v. Galloway, 281 N.W.2d 804, Web 1979 N.D. Lexis 279 (Supreme Court of North Dakota)
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Betty wins and may void the settlement contract A contract of a person of un...View the full answer
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