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HEDGEPETH v. HOME SAV. AND LOAN ASS'N

No. 8715SC224.

361 S.E.2d 888 (1987)

Mary E. HEDGEPETH, Guardian of Cora Haith v. HOME SAVINGS AND LOAN ASSOCIATION.

Court of Appeals of North Carolina.

November 17, 1987.

Attorney(s) appearing for the Case

Gunn & Messick by Paul S. Messick, Jr., Pittsboro, for plaintiff-appellant.

L.T. Dark, Jr., Siler City, for defendant-appellee.

ORR, Judge.

It is well established in our state that a contract executed by an incompetent prior to being so adjudicated, is voidable and not void ab initio. Reynolds v. Earley, 241 N.C. 521, 85 S.E.2d 904 (1955). The party contracting with an incompetent may nevertheless enforce the agreement if the following requirements can be established: (1) ignorance of the party's mental incapacity;...

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