Fowler v. Meadow Brook Water Co.

Citations

• 208 Pa. 473
• 57 A. 959
• 1904 Pa. LEXIS 788

Syllabus

<p>Contract — Rescission—Intoxication—Restoration of status quo.</p> <p>A contract made by a person so destitute of reason as not to know the consequences of his contract, though his incompetency be produced by intoxication, is voidable, and may be avoided by himself, though the intoxication was voluntary, and not procured by the circumvention of the other party.</p> <p>Where a person seeks to repudiate a contract upon the ground that when he made it he was so completely intoxicated as not to know or understand what he was doing, he must show not only that he was incapacitated by intoxication, but also that he rescinded the agreement within a reasonable time after his recovery, and placed the other party in statu quo, by returning the consideration received. If the consideration was a release in full from the obligations of a prior contract under which he was liable to incur serious losses, he must surrender such release.</p>