Magazine Digest Publishing Co. v. Shade

Opinion by

Mr. Justice Drew,

This suit in assumpsit was brought to recover money alleged to be due under a contract between plaintiff and Mutual Magazine Distributors, Inc., on which contract defendants were guarantors. In their affidavit of defense defendants denied liability on the ground that they were discharged by a subsequent oral agreement which altered the original contract without their knowledge or consent. The court below, trying the case without a jury, found against this defense and entered judgment for plaintiff. This appeal followed.

Under its original contract Mutual Distributors…