Fowler v. Meadow Brook Water Co.
Supreme Court of Pennsylvania
Appeal, No. 27, Jan. T., 1904, by plaintiff, from judgment of C. P. Lackawanna Co., Jan. T., 1899, No. 459, on verdict for defendant in case of JohnF. Fowler v. Meadow Brook Water Company. Trespass to recover the value of tools alleged to have been converted to defendant’s use. Before Carpenter, J. At the trial it appeared that John F. Fowler, plaintiff, and John T. Williams as partners had a contract with the defendant, the Meadow Brook Water Company, to construct a tunnel.
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Appeal, No. 27, Jan. T., 1904, by plaintiff, from judgment of C. P. Lackawanna Co., Jan. T., 1899, No. 459, on verdict for defendant in case of JohnF. Fowler v. Meadow Brook Water Company. Trespass to recover the value of tools alleged to have been converted to defendant’s use. Before Carpenter, J. At the trial it appeared that John F. Fowler, plaintiff, and John T. Williams as partners had a contract with the defendant, the Meadow Brook Water Company, to construct a tunnel. In this work they used a large quantity of tools. Williams, desiring to be released from the contract, entered into an…
1Opinion of the Court
Opinion by
Mr. Justice Potteb,
The plaintiff in this case sought to repudiate a contract, upon the ground that when he made it, he was so completely intoxicated as not to know or understand what he was doing.
Upon the trial the learned judge of the court of common pleas charged the jury that in order to avoid the contract, the plaintiff must prove not only the fact of intoxication, but in addition must show one of three things :
First, that the contract was procured by fraud or undue influence.
Second, that the defendant knew, or should have known by something appearing in the transaction, of the…
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