Legal Opinion

Daugherty v. McDonald

Court of Appeals of Texas

Decided October 28, 1966No. 16767PublishedCited by 6 opinions

1Opinion of the Court

OPINION

RENFRO, Justice.

The plaintiff, Johnnie McDonald, sued John E. Daugherty and others to cancel an agreement of employment and power of attorney executed by plaintiff and Daugherty on August 16, 1963. For convenience, Daugherty will be referred to as defendant.

A jury found, in answer to issue No. 1, plaintiff did not on August 16, 1963, have sufficient mental capacity to understand the nature and effect of his act and the business he was transacting, and, in answer to issue No. 3, plaintiff did not, at a time when he had recovered his mental capacity, ratify said contract.

Judgment was…

2Cases cited14 opinions

  1. Cartwright v. CanodeTexas Supreme Court · 1914
  2. White v. WhiteTexas Supreme Court · 1943
  3. Dallas Railway & Terminal Co. v. FarnsworthTexas Supreme Court · 1950
  4. Duncan v. MagetteTexas Supreme Court · 1860
  5. Austin Fire Ins. Co. v. Adams-Childers Co.Texas Commission of Appeals · 1923

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3Cited by6 opinions

  1. American Medical Technologies, Inc. v. Miller, Texas Court of Appeals, 14th District (Houston)2004
  2. Miles v. Plumbing Services of Houston, Inc.Court of Appeals of Texas · 1984
  3. Facciolla v. Linbeck Construction Corp., Texas Court of Appeals, 6th District (Texarkana)1998
  4. Bpx Operating Company, Bpx Properties (Na) Lp, Segundo Navarro Drilling, Ltd., First Rock I, LLC, Ef Non-Op, LLC, and South Texas Shale, Llc v. Margaret Ann StrickhausenTexas Supreme Court · 2021
  5. Chrisman, Clark M., Jr., Mechanics Adjustors, Inc. and Marine Adjustors, Inc. v. Electrastart of Houston, Inc. D/B/A Mobile Car Doctor, Texas Court of Appeals, 14th District (Houston)2003

1 more not listed; retrieve them via the Exa API.

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