Sharpless-Hendler Ice Cream Co. v. Davis

The Chancellor.

The question before the court on this rehearing is as to whether the contract was binding on the de*322fendant because of the fact that she could not read and the contract was neither read nor explained to her. The defendant could write, at least to the extent of signing her name, as is evident from the contract itself. There is no testimony that the complainant’s agent, who procured the contract, was aware of the fact that the defendant could not read. The only evidence on this point is from the agent himself, who testified that at the time he thought the defendant could read,…