Trace Your Case

ISSUE:

Whether a document jointly executed by two person creating a liability equal for both is to be regarded as materially altered if the liability is reduced equally for both but the alteration is made only by one of them?

RULE:

At the stage when the alterations were made, the principal debtor had been acting for and on behalf of the appellant as the appellant had been standing surety for him. The plea of avoidance of contract by material alteration was of no avail to the appellant because the document was not altered while in possession of the promisee but was altered by the principal debtor who was at the time acting as the agent of the appellant.

Subscribe to Read More.
Login Join Now