Nature of the Case
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Facts
Smigel (D), who was an adjudicated mental incompetent and was dead by the time this case was tried, entered into a continuing guaranty contract with Swift (P) for goods sold to the Pine Haven Nursing Home and Sanitarium. The agreement had been entered into before D had been adjudicated an incompetent. The agreement covered future deliveries until revoked. D died, and Pine Haven filed for bankruptcy. P sued the estate of D on the guarantee contract. That action was dismissed; the incompetency of the offeror revoked the offer.
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