Fischer v. Lebedoff

(On Rehearing.)

Hutchinson, Dist. J.

Upon rehearing the respondents contend that the following statute is controlling (Comp. Laws 1913, § 5940):

“The intentional destruction, cancellation or material alteration of a written contract by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor against parties who do not consent to the act.”

The respondents overlook the fact that the alterations made in the supersedeas bond were not made by the appellant nor with his knowledge or consent. These alterations were made by the…