Battin v. Merchants State Bank

(dissenting.) — It is undisputed that the plaintiff and his deceased wife on the day of their marriage arrived at an agreement. Whether the agreement became a contract or not depends on the question whether, at the time their minds met (not the time when the writing was signed), the marriage ceremony had been performed. If, before the minds of the parties met in agreement, they had become husband and wife, then there was no contract, not because of the statute of frauds, but because they were legally incapacitated to contract with reference to the subject-matter. The statute reads (Section…