The Home Library of Law .. 1

Cover The Home Library of Law .. 1
The Home Library of Law .. 1
Albert Sidney Bolles
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Says Washburn: "If the contract thereby evidenced is an executory one, any material alteration made by the holder or a stranger will avoid it, unless done by consent of the maker, or without the knowledge and assent of the holder." * 9. (a) A different rule applies to unimportant alterations. Thus, a lessee, after the lessor's death, altered the words "E Street" to "W Street"; this was not a material alteration, because other parts of the lease showed that the original should have been "W Stree...t." We are now going on dangerous ground. Such altera- ^ Washburn on Real Property, § 2/394, p. 220 (6th Edition).
46 THE HOME LIBRARY OF LAW tions will stand only when they are not material, or clearly appear from other parts of the instrument to be its true purpose or design. Thus, a mortgagee who, without the other party's knowledge, increases the amount of the consideration, thereby invalidates the mortgage.
A grantee who admits an alteration of his deed by himself, but with the grantor's ccmsent, must prove that such consent was given.


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