7. Competency of intoxicated persons as principals.

In order for agency to arise the person instructing the agent to act must have power to act himself1. A person may avoid a contract entered into by him while he was in such a state of intoxication as not to know what he was doing, but a person contracting with him may enforce the contract if he can prove that he had no knowledge of, and took no advantage of, the drunkenness