Carawan v. . Clark

No contention is made that plaintiff was, at the time of making of the contract, an adjudicated lunatic, and no rights of innocent parties are involved. Therefore, the question presented is this: Upon the facts found by the jury and admitted in the record, was defendant entitled to a judgment upon the verdict? We are of the opinion that the question should be answered in the negative.

A contract entered into by a person who is mentally incompetent is voidable and not void. Riggan v. Green, 80 N. C., 237; Creekmore v. Baxter, 121 N. C., 31; Brittain v. Mull, 99 N. C., 483; Ellington v.…