Babcock v. Engel
Montana Supreme Court
Appeal from District Court, Musselshell County; Charles L. Crum, Judge. Action by G. M. Babcock and Ida Babcock against Charles A. Engel. From a judgment dismissing the complaint, plaintiffs appeal. We contend that the defendant failed to prove that he was even drunk; but assuming that he was intoxicated to some extent, his condition was not such as to authorize him to rescind his solemn, acknowledged contract.
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Appeal from District Court, Musselshell County; Charles L. Crum, Judge. Action by G. M. Babcock and Ida Babcock against Charles A. Engel. From a judgment dismissing the complaint, plaintiffs appeal. We contend that the defendant failed to prove that he was even drunk; but assuming that he was intoxicated to some extent, his condition was not such as to authorize him to rescind his solemn, acknowledged contract. Intoxication must be so deep and excessive as to deprive one of his understanding. If intoxication is relied on as a defense, it must be to such a degree that the party who wishes to…
1Opinion of the CourtJustice Holloway
The facts out of which this controversy arosé are substantially these: On November 22, 1916, Chas. A. Engel entered into an agreement in writing with G. M. Babcock and wife, by the terms of which Engel agreed to sell and convey to Babcock 320 acres of agricultural land situated near Ryegate, Montana, subject to a mortgage of $1,500, which „ Babcock assumed and agreed to pay, and also agreed to sell to Babcock personal property of the designated value of $2,000. In consideration therefor Babcock and wife agreed to sell and convey to Engel the New Park Hotel property in Ryegate, consisting of…
2Cases cited6 opinions
- Buhler v. LoftusMontana Supreme Court · 1917
- Swan v. TalbotCalifornia Supreme Court · 1907
- Finlen v. HeinzeMontana Supreme Court · 1903
- Williams v. DavisMontana Supreme Court · 1916
- Interior Securities Co. v. CampbellMontana Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gay v. Lavina State BankMontana Supreme Court · 1921
- Hogan v. ThrasherMontana Supreme Court · 1925
- Myhre v. MyhreMontana Supreme Court · 1976
- Stanton v. Occidental Life InsuranceMontana Supreme Court · 1927
- Nett v. Stockgrowers' Finance Corp.Montana Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.