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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Collings v. Scheen, 415 S.W.2d 589 (1967)

Citation
Collings v. Scheen, 415 S.W.2d 589 (1967)
Parent Document
Collings v. Scheen, 415 S.W.2d 589 (1967)
Jurisdiction
Kentucky (state)
Effective Date
1967-02-03

Other Sections in This Document (40)

Full Text

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Moreover, the undisputed facts show that the lengthy contract in suit, drawn with care and design and severe in its terms, was prepared at the instigation of Codings and was never seen by Scheen until presented for signature. Scheen, a neophyte in business, accepted it without advice from counsel or friend. He was a physician just entering practice. He was poor and in debt, and he and his wife had four children. He could not afford a separate office but shared the office of a friend. For a beginner in medical practice, in debt, and with these family responsibilities, the purchase price specified in the contract, $31,500, was beyond his capacity. He could not meet its installments, and he was unable to contract for the stated financing. The circumstances surrounding the execution of this contract are related best by Dr. Scheen’s testimony : “Q. 25 And do you recall any of the terms of the agreement?