Douglas v. Sumner

Head, Justice.

In the present case, the plaintiff’s testimony was so vague and contradictory that it is impossible to determine upon which of two theories (each contradictory of the other) he sought to rely for a cancellation of the deed. By amendment he alleged that for several months prior to the execution of the deed, and at the time of its execution, he was not mentally capable of executing a deed by reason of intoxication.

“A contract made by a drunken person is not void, though the intoxication be brought about by the other party, but is merely voidable at his election, and may be…