Question: Howard Wilcox was the president of Superior Automation Co. On behalf of Superior, Wilcox signed a lease with Marketing Services of Indiana, Inc., which included a personal guarantee from Wilcox. Superior made payments for about two and a half years after executing the lease. Six months before executing the lease, Wilcox had complained he had problems with concentration and functioning at work.
His psychiatrist said he had lithium toxicity, which lasted at most ten months after execution of the lease. During this time, he had impaired cognitive function that limited his ability to appreciate and understand the nature and quality of his actions and judgments. Superior stopped making payments and MSI sued. Is the lease enforceable?