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Contracts Keyed to Kuney
Waddle v. Elrod
Citation:
367 S.W. 3d 217 (2012).Facts
On February 12, 2001, Waddle’s husband of more than fifty years passed away. Following Mr. Waddle’s death, Elrod began frequently visiting Waddle and, in March 2001, arranged for her own attorney to draft a power of attorney and quitclaim deed conveying a half interest in Waddle’s four acre property to Elrod. On March 15, 2001, Elrod drove Waddle to the attorney’s office and persuaded her to sign both of the documents. Waddle later claimed that she did not willingly or knowingly intend to convey an interest in her property to Elrod.
Sometime after March 2001, and prior to commencement of this suit in January 2007, Waddle reached an agreement with Regent to sell her four acre property to it for $230,000. Regent paid Waddle $10,000 earnest money when the contract was signed. In preparing to close the deal, Regent learned that Waddle had conveyed a half interest in the property to Elrod.
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