Wright v. Waller
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. This action was brought by the appellant, W. W. Wright, against the appellee, J. E. Waller; and counted upon a written contract for rent. The fact of the case, so far as they are necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. There were verdict and judgment for the defendant.
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Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. This action was brought by the appellant, W. W. Wright, against the appellee, J. E. Waller; and counted upon a written contract for rent. The fact of the case, so far as they are necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. There were verdict and judgment for the defendant. The plaintiff appeals, and assigns as error the giving by the court of the portion of the general charge to which exceptions were reserved, the giving of the written charge requested…
1Opinion of the CourtMcCLELLAN, C. J.
This is an action by Wright against Waller on a contract in writing signed by the latter to pay rent. Defendant sought to avoid the contract on the ground that he was intoxicated when he signed it. There was evidence tending to show that defendant was in a state “of 'Complete drunkenness, dethroning reason, when he signed the paper,” and on the other hand there ivas evidence tending to show that he was not drunk at the time. There was no evidence that plaintiff had anything to do with bringing about defendant’s intoxicated condition if he was intoxicated, nor that defendant’s mind was…
2Cases cited7 opinions
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- Reynolds v. DechaumsTexas Supreme Court · 1859
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3Cited by13 opinions
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