This is an action by Wright against Waller on a contract in writing signed by the latter to pay rent. Defendant sought to avoid the contract on the ground that he was intoxicated when he signed it. There was evidence tending to show that defendant was in a state “of 'Complete drunkenness, dethroning reason, when he signed the paper,” and on the other hand there ivas evidence tending to show that he was not drunk at the time. There was no evidence that plaintiff had anything to do with bringing about defendant’s intoxicated condition if he was intoxicated, nor that defendant’s mind was impaired by habitual drunkenness, nor that the contract was in itself unconscionable or unfair. On this state of the case the court, in its general charge, said: “If the defendant was so much under the influence of strong drink, or intoxicating liquor, that his reason ivas dethroned to an extent that he could not give that attention to the signing of the note that a reasonably prudent man would b.e able to give, then the note would he void.” And at the request of the defendant the court gave the following charge: “If the jury find from the evidence that the defendant signed the note under siich intoxication that he could not give proper attention to it, then the note is not evidence in the case, but void.” To each of these instructions, the plaintiff excepted, and their soundness vel non is the question presented on this appeal.
On this question as to the degree of intoxication necessary to an avoidance of contracts, the following are some of the statements of the governing principle applicable to cases like this found in the authorities: “* * * Intoxication so deep as to take- away the
Tbe foregoing texts and adjudications clearly declare and thoroughly establish tbe modern doctrine on this subject; departing from tbe ancient rule, which forbade a party to a contract to stultify himself by setting up bis want of mental capacity to enter into it, to the extent and only to the extent of allowing him to show in avoidance that from insanity, drunkenness and tbe like he was in
The cases * of Hall v. Brown, (11 Ala. 87), and Holland v. Barnes, (53 Ala. 88), relied upon for appellee, involved other considerations, than-the drunkenness of the*-party -seeking to avoid a contract — overreaching by
Reversed and remanded.