American Transfer Co. v. George Borgfeldt & Co.

O’Brien, J. (concurring):

I concur in result. If the alteration in the contract was unintentional, then plaintiff can recover on the ground of mistake; if deliberately made, the plaintiff’s theory must be fraud. The plaintiff could not give the particulars until defendant’s attitude is defined.

Laughlin, J., concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.'