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Sir John Gordon of Park v Sir Patrick Ogilvy of Boyne. [1693] 4 Brn 62 (3 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040062-0148.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir John Gordon of Park v. Sir Patrick Ogilvy of Boyne
Date: 3 February 1693
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The Lords would not directly sustain that defence against the contract of agreement, that he was so supinely drunk, when he subscribed it, that he had not the use of his senses or reason; but, before answer, allowed either party a mutual probation, in what condition he was at the time of his signing. For knowledge and consent, as acts of the judgment and will, are both requisite when one contracts; and if these be obfuscate and wholly asleep, it is as unjust to tie him then as if he were mad or an infant. Yet this bears a reflection on the one party, that he filled him drunk to take advantage of him; and on the other, that he should have given way to his own intoxication.
