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Contracts Keyed to Marshall
Van Horn v. Persinger
Citation:
215 S.W. 930 (1919)Facts
Defendant was the owner of a barber shop which he sold to plaintiff for $650, on the 1st of September, 1918; that he claimed to have bought it back in a little over a month afterwards for $150 and assuming a debt of plaintiff for $78. Plaintiff denied any knowledge of the latter purchase. There was abundant evidence tending to show that shortly after plaintiff’s purchase from defendant the former became a helpless drunkard, and that, when defendant claimed to have purchased the shop back from him, he was too far gone in his drunken condition to be aware of what he was doing. On becoming capable for business, plaintiff found defendant in possession claiming to be the owner, and he thereupon denied his title and instituted this action.
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