Osgood v. Stevenson , 143 Mass. 399 ( 1887 )

Field, J.

If 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.

Exceptions overruled.