Newmire

The action was one upon a written contract alleged to have been entered into between plaintiff and defendant, and was in these words:

The answer of defendant admits the execution of the contract, but alleges that the same was procured through fraudulent representations, and was immediately rescinded upon discovery of the fraud. Further, that at the time when defendant entered into such contract she was of unsound mind; that it had been reported to her that plaintiff was a lawyer of great experience, learning, and skill in the trial of murder cases; that one Rogers, her regular attorney, was less competent ; that such regular attorney was not attending to her ease; and being so weak mentally, she yielded to the solicitations and entered into the agreement. That such representations were untrue; that on the succeeding day, being apprised of the falsity of the representations, she rescinded said agreement. She denies that plaintiff entered into her defense, or performed any services in her behalf therein, or that any damage was suffered by plaintiff.

The trial court found that defendant, at the time of entering into said contract, was of sound mind, that no undue influence was…