A Treatise On the Modern Law of Contracts Including a Full Consideration of the Contracts And Undertakings of Public And Private Corporations As Determined By the Courts And Statutes of England And the United States
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3 Tischler v. Kurtz (1895) ,35 Fla. 323 ; 17 So. Rep. 661, Mabray, C. J. : "In the case of Hastings v. Lovejoy, 140 Mass. 261, the Massachusetts court held that, in an action for rent reserved in a writ- ten lease under seal the lessee could prove in defense that, after the deliv- ery of the lease, the lessor for a good consideration orally agreed that for the future the rent should be reduced. It was said : ' In reference to con- tracts under seal, it was formerly held, especially in England, ...that they could not thus be varied. But in the United 12 INTRODUCTORY. § 7 consideration existing in an original executory contract is con- sidered as imported into any new parol modification, and that the new agreement, when made, becomes binding upon the parties without any further or new consideration. 1 § 7. Execution and form of contracts. — Making a mark is sufficient signing of a contract by the general law in England and the United States. According to the rules of evidence adopted in Louisiana, the ordinary mark of a party to a con- tract places it on a footing with all other private instruments in writing.
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