Avera Loan & Investment Co. v. Jackson
Avera Loan & Investment Co. v. Jackson
Opinion of the Court
“ If a written contract be altered intentionally, and in a material part thereof, by a person claiming a benefit under it, with intent to defraud the other party, such alteration voids the whole contract, at the option of the other party.” Civil Code (1910), § 4296. “ Fraud voids all contracts.” § 4254. “ A contract may be rescinded at the instance of the party defrauded; but in order to the rescission he must promptly, upon discovery of the fraud, restore or offer to restore to the other whatever he has received by virtue of the contract, if it be of any value.” § 4305. In 'the instant suit upon a combined note and security deed, seeking a general and a special judgment against the maker, where the undisputed evidence showed, and the plaintiff in effect admitted, that the instrument had been altered, without the agreement or consent of the maker, by the insertion' by the plaintiff’s
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.