Hercules Chemical Co. v. Orlowitz

Citations

• 72 Pa. Super. 21
• 1919 Pa. Super. LEXIS 237

Syllabus

<p>Contracts — Written contracts — Material alterations.</p> <p>It is a material alteration to a contract, -which will render it inadmissible as evidence, to erase therefrom a list of goods written in the order in lead pencil, and substitute, therefor, a list written in ink, after the contract has been signed by the parties.</p> <p>Where it clearly appears, upon the face of a writing that it has been altered in a material part, it is incumbent on the party producing it to account for the alteration, and until this is done, it is inadmissible in evidence.</p> <p>Where a contract was signed setting forth the terms and conditions under which the goods were received, and the list of materials was written in pencil which was afterwards erased and written in ink, the written agreement was inadmissible, and oral evidence as to the terms and conditions of the contract should be allowed.</p>