Klindworth v. O'CONNOR

It will be observed that the judgment of the trial court as to Ted C. O’Connor, a non compos mentis, is not based on contract, but founded in tort. Ted C. O’Con-nor was an incompetent, unable to enter into any contract with the defendants in reference to real estate transactions. The appellants-defendants knew of his incompetence; — hence any contract with him is void ab initio.

“Generally speaking, a person of unsound mind is precluded from enjoying any rights or performing any duties which involve the exercise of reason. * * 24 Tex.Jur., p. 379, sec. 6. Ted C. O’Connor’s cause of action,…