Cutler v. Zollinger
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) It is a fundamental principle that they who have no mind “ cannot agree in mind” with another, and as this is the essence of a contract, they cannot enter into a contract. Parsons on Contracts [7 Ed.], sec. 383. (2) If a person therefore enters into a contract while deprived of reason, and afterwards recovers his reason, he may repudiate that contract.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) It is a fundamental principle that they who have no mind “ cannot agree in mind” with another, and as this is the essence of a contract, they cannot enter into a contract. Parsons on Contracts [7 Ed.], sec. 383. (2) If a person therefore enters into a contract while deprived of reason, and afterwards recovers his reason, he may repudiate that contract. Hovey v. Hobson, 53 Me. 451; Parsons on Contracts [7 Ed.], sec. 384; Turner v. Rusk, 53 Md. 65; 2 American and English Encyclopedia of Law, page 149; Kerwinv. Ins. Co.,…
1Opinion of the CourtBlack, P. J.
— The plaintiff conveyed a lot in the city of St. Louis, to the defendant for the consideration .of $2,625, and this is a suit to set;aside that deed, on the ground that the plaintiff was of unsound mind when she executed it. She tenders a return of the purchase price paid to her by the defendant.
The petition contains other averments of fraud and oppression, but they are not supported by any evidence. On the contrary the proof is all to the effect that the defendant in purchasing the property acted in perfect good faith throughout the entire transaction. For the plaintiff two witnesses…
2Cases cited1 opinion
- Benoist v. MurrinSupreme Court of Missouri · 1874
3Cited by9 opinions
- Weakley v. WeakleySupreme Court of Missouri · 1947
- Hill-Dodge Banking Co. v. LoomisMissouri Court of Appeals · 1909
- Hudspeth v. ZornSupreme Court of Missouri · 1956
- McKissock v. GroomSupreme Court of Missouri · 1899
- Chadwell v. ReedSupreme Court of Missouri · 1906
4 more not listed; retrieve them via the Exa API.