Morgan v. Nashville Grain Co.

Hill, O. J.

1. Where one who was sued for breach of contract sought to avoid the contract entirely by setting up that it was altered by the plaintiff in a material part, it was proper for the court to charge that if the alteration was made unintentionally, or without any intention to defraud, it would not render void the contract as originally made; and that if the plaintiff was otherwise entitled to recover, he could still recover on the contract as it stood before the change was made, if the original contract could be discovered and was capable of execution. Civil Code (1910), § 4296; Lowry…