Barclay v. Deckerhoof

Citations

• 151 Pa. 374
• 24 A. 1067
• 1892 Pa. LEXIS 1440

Syllabus

<p>Contract—Material alteration—Discharge of sureties—Additional work— Independent agreement—Construction of contract.</p> <p>A material alteration of a contract without the consent of the sureties, will discharge them, but the addition of a separate and independent agreement, which does not, expressly or by fair implication, alter the terms of the preceding contract, or affect the rights and duties of the parties thereunder, will not so operate.</p> <p>Defendants became sureties upon a building contract. Afterwards, without notice to them, by an indorsement upon the original contract, the contractor undertook to do further work, for which the owner was to pay and did pay. In an action against the sureties for losses occasioned by the contractor’s default on the main contract, the court below left it to the jury to determine whether the additional agreement was or was not an alteration of the original contract, imposing additional burden upon the sureties. Held, that the construction of the agreement was for the court and that the court erred in refusing to hold that the additional agreement was not an alteration of the original contract, and in admitting testimony, to contradict, qualify and explain it.</p>