143 Mass. 399
Massachusetts Supreme Judicial Court
Decided January 10, 1887
Massachusetts Supreme Judicial Court · decided 1887-01-10
Contract upon an agreement, partly printed and partly-written, of which the following is a copy, the words printed in italics being those which were in writing: “ To James R. Osgood & Co. “ Boston, Mass., July 3,1880. “ Please register my name as a subscriber for one copy of the Memorial History of Boston, bound in cloth at $6.35 per volume, which I hereby agree to receive of James R. Osgood & Co., their agent or assigns, and to pay the price per volume indicated above, upon…
Cited by 2 later decisions — most recently September 1933
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1887-01-10
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¶1If the contract, after the defendant signed and delivered it, was materially altered without his authority, the contract thus altered was not made by the defendant. The insertion of the word “cloth” and of the figures “$6.25” was plainly a material alteration. The plaintiffs declare upon a contract which the jury have found to have been materially altered without the defendant’s consent, and it is therefore not the defendant’s contract.
¶2Exceptions overruled.