If a written contract is altered intentionally and in a material part thereof by a person claiming a benefit under it with intent to defraud the other party, the alteration voids the whole contract, at the option of the other party. If the alteration is unintentional or by mistake or in an immaterial matter or […]
The materiality of an alteration is a question of law for the court; the fact of an alteration is a question for the jury. History. Orig. Code 1863, § 2794; Code 1868, § 2802; Code 1873, § 2853; Code 1882, § 2853; Civil Code 1895, § 3703; Civil Code 1910, § 4297; Code 1933, § […]
If the contract is not set forth as the basis of the action, so as to require a denial under oath, an alteration in a material part requires explanation before it can be admitted as evidence. This preliminary proof shall be submitted to the court. History. Orig. Code 1863, § 2795; Code 1868, § 2803; […]
Where parties, in the course of the execution of a contract, depart from its terms and pay or receive money under such departure, before either can recover for failure to pursue the letter of the agreement, reasonable notice must be given to the other of intention to rely on the exact terms of the agreement. […]
A simple contract regarding the same matter and based on no new consideration does not destroy another simple contract between the same parties; but, if new parties are introduced so as to change the person to whom the obligation is due, the original contract is at an end. History. Orig. Code 1863, § 2686; Code […]
