This section contains the nature of the case and procedural background.

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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