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 drunkenness2. A person who contracted when drunk may ratify his contract on becoming sober3.
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