The Colfax gazette. [volume] (Colfax, Wash.) 1893-1932, 1911-10-06
BUSBY need NOT KEEP
CONTRACT To SELL
COURT FINDS DEFENDANT WAS
OF WEAK MIND AND PRICE
WAS INADEQUATE.

A case of more than ordinary in
terest recently tried in Superior court
before Judge Neill and in which he
has just given his decision is that of
r. McGraw against G. H. Busby, in
which BuSby wins. BuSby owned
240 acres of land about 8 miles from
ColfaX across Union Flat. In 1896
Busby, from the kick of horse, lost
one eye and had the bones of his
head and skull crushed. He never
recovered from his wounds and since
that time has been queer and eccen-
trio and has labored under the belief
that different people have doped his
horses making them sick; that they
have in some manner doped his food
and put something on his mail and
papers. He has been suspicious that
some of his neighbOrs have been do
ing these things.
Last February one of Busby'
neighbors filed a complaint in the
superior court charging him with in
sanity. Busby employed Attorneys
Hanna & Hanna to defend him
against this charge. They had DR..
Stuht examine their client TO ascer-
tain his mental condition. Stuht
made the examination and Informed
them that he could not aid them in
the defense of Busby as from his eX-
animation he believed BuSby to be
insane. The person who made the
complaint charging insanity employ
ed an attorney to prosecute the
charge of insanity. The hearing was
postponed until sister of Busby,
living at Blaine, Wash, could reach
ColfaX. Upon her arrival it was
agreed between the attorneys for the
prosecution and defense to the effect
that if the charge was dismissed
Busby's sister would go to his farm
and stay with him until he could
either sell his property or so arrange
his affairs that he could leave his
farm and go to some place and take
medical treatment. Upon this being
made known the court informed
Busby of the agreement and asked
him if he understood and would
agree to it and informed Busby that
he should carry out the agreement
and go and receive medical treat
ment.
Shortly after the insanity charge
was dismissed Busby agreed to sell
his farm of $40 acres and his horses
and cattle and farm machinery to
McGraw for $4,000. A contract of
sale was signed by Busby and Nc
Graw paid him $100 on the contract.
Soon after that Busby offered Nc
Graw the $100 and said he would
not carry out the contract. McGraw
later rendered to Busby $4,000 in
money and offered to assume and pay
a mortgage for $4,000 that was on
the land Busby refused to accept
and then McGraw brought the action
for the specific performance of con-
tract and the case was tried. Hanna
a. Hanna made the defense on the
ground that Busby was weak minded
and that he was unduly Influenced TO
enter into the contract.
The case was decided in favor Of
Busby.
The memorandum opinion filed by
Judge Neill finds that Busby is man
of weak mind; that he contracted TO
sell the land because of fear that if
he did not leave his home he would
be committed to the asylum, and that
the price agreed to be paid for the
land was not an adequate price, and
that under ali the circumstances it
would be inequitable to force Busby
to convey the land, especially in view
of the fact that McGraw only paid
500 on account of the purchase
price, which mad been rendered back
to him by Busby within few days
after the contract was signed.