Colt Co. v. Butler

1. The special plea in the nature of non est faetum, whereby the defendant set forth under oath that the instrument sued on had, since its execution, been intentionally, fraudulently, and materially altered by a person claiming a benefit thereunder, by expunging therefrom a certain condition embodied in the agreement at the time the instrument was signed, under which* the defendant had been given six months in which to test the commodity purchased, with the right, if it did not prove satisfactory within that time, -to reject it, set forth a good defense, such as would void the contract. Civil…