Alteration of Written Contract - Requirement of Preliminary Proof as to Material Alteration

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If the contract is not set forth as the basis of the action, so as to require a denial under oath, an alteration in a material part requires explanation before it can be admitted as evidence. This preliminary proof shall be submitted to the court.

(Orig. Code 1863, § 2795; Code 1868, § 2803; Code 1873, § 2854; Code 1882, § 2854; Civil Code 1895, § 3704; Civil Code 1910, § 4298; Code 1933, § 20-804.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 29 Am. Jur. 2d, Evidence, § 145.

C.J.S.

- 17A C.J.S., Contracts, §§ 577, 607, 628.


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