This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
A drunkard even after adjudication is liable for the reasonable value of necessaries furnished to himself or his family.1 he not be responsible to an innocent party for the acts which he performs when in that condition? It seems to me that he ought, on the principle that where a loss must be borne by one of two innocent persons it shall be borne by him who occasioned it." State Bank v. McCoy, 69 Pa. St. 204, 208; 8 Am. Rep. 246.
11 Miller v. Finley, 26 Mich. 249; 12 Am. Rep. 306.
1 Newell v. Fisher, 11 Sm. & M. (Miss.) 431; 49 Am. Dec. 66; War-nock v. Campbell, 25 N. J. Eq. 485; O'Connor v. Rempt, 29 N. J. Eq. 156; Burroughs v. Richman, 13 X. J. L. 233; 23 Am. Dec. 717; Hotch-kiss v. Fortson, 7 Yerg. (Tenn.)
67; Woodson v. Gordon, Peck (Tenn.) 196; 14 Am. Dec. 743; Dunn v. Amos, 14 Wis. 106.
2 Holland v. Barnes, 53 Ala. 83; 25 Am. Rep. 595; Crane v. Conk-lin, 1 X. J. Eq. 346; 22 Am. Dec. 519; Baird v. Howard, 51 O. S. 57; 46 Am. St. Rep. 550; 22 L. R. A. 846; 36 X. E. 732; Jones v. Mc-Gruder, 87 Va. 360; 12 S. E. 792. And see cases cited in last note.
3 See Chs. XI., XII.
1 Randall v. May, 10 All. (Mass.) 59; Hallett v. Oakes, 1 Cush. (Mass.) 296; McCrillis v. Bartlett, 8 X. H. 569; Van Horn v. Hann, 39 X. J. L. 207; Parker v. Davis, 8 Jones (X. C.) 460.
The term necessaries includes not only food and clothing,2 hut also nursing3 and the services of an attorney in resisting the adjudication.4 Where an oral contract is made for the purchase of realty, which can not he proved under the statute of frauds, it is held that a subsequent written agreement entered into when one of the parties is drunk may be avoided by him when he becomes sober, and he may recover whatever he has paid thereon while drunk.5