Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 7

Jesset, who had been committed to a mental institution, was later released as having shown signs of increased mental stability. When her husband died several years later, Jesset's son had her recommitted because he felt that the shock of her husband's death caused a relapse into mental instability. Prior to her readmittance, she had signed a contract with the undertaker for her husband's funeral expenses but failed to pay. The undertaker sued, but Jesset, through her son, claimed that she was not liable because of her mental incompetency. Court records show that Jesset was never legally declared insane. Further, while dealing with the undertaker, there was no reason for him (the undertaker) to believe that Jesset was incompetent in any way, and the son made no mention of her illness. Is Jesset legally bound to pay the funeral expenses? (Melbourne v. Jesset, 110 Ohio App 502, 163 NE 2d 773)