This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
If statement to the effect that the instrument is merely a chattel mortgage to secure an outstanding note when, in fact, it is a note and mortgage for a further additional amount;2 a fraudulent statement that a release is merely a receipt for a specified payment renders it void if the party who signs such release relies on such statement.3 If a release of personal injuries is obtained from one who is then suffering from such injuries, who has no opportunity of obtaining independent advice, for an inadequate consideration and such release is represented to relate only to a certain part of the injury, such release may be avoided at law.4 A release which is signed by one who is unable to read and who does not understand the nature or contents thereof, the adversary party knowing of such ignorance, and who is induced by a statement of the physi-
A without negligence on his part is induced to sign a paper which he does not know that he is signing at all,1 as where he is induced to sign his name upon a piece of paper under which a note has been placed so that the ink penetrates through the paper to the note,2 or where carbon paper is placed without his knowledge under paper on which he writes his signature, so that his signature is duplicated upon a check which is placed under the carbon paper,3 A is not liable thereon. The substitution of a different contract from that which the maker thinks he is signing renders the contract void.4