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 the parties have entered into a valid oral contract and one of them induces the other to sign a written contract by representing fraudulently that the contents of the written contract are the same as those of the prior oral contract, such written contract is void.1 The act of one party in presenting such written contract for the signature of the other party is equivalent to a representation that its contents conform to the prior oral contract.2 If A is induced to execute a contract for the sale of land to B, by B's fraudulent representation, and that such contract had been prepared by A's son and that its terms were the same as those of a prior existing contract between the same parties for the sale of the same land, such contract may be set aside.3 If A makes an oral contract with B through A's agent X, and subsequently induces A
18 Hamilton v. Williams (Ky.), 38 S. W. 851.
19 Aukland v. Arnold, 131 Wis. 04, 111 N. W. 212.
20 Hale v. Hale, 62 W. Va. 609, 14 L. R. A. (N.S.) 221, 59 S. E. 1056.
21 Price v. Rosenberg, 200 Mass. 36, 85 N. E. 887.
22 Pioneer Cooperage Co. v. Romano-wicz, 186 111. 9, 57 N. E. 864; Indiana, etc, Ry. v. Fowler, 201 111. 152, 94 Am. St. Rep. 158, 66 N. E. 394 [affirming 103 111. App. 565].
1 Bixler v. Wright, 116 Me. 133, 100 Atl. 467.
2 Bixler v. Wright, 116 Me. 133, 100 Atl. 467.
3 Winter v. Johnson, 27 S. D. 512, 131 N. W. 1020. (The court appeared to hold that in this case A had not exercised proper care, but that he was excused by reason of the fact that he was advanced in age, was in poor health, and relied upon B's statements.) to sign a written contract which contains different terms from the oral agreement, by representing to A that the terms of the written contract thus tendered have been agreed upon between B and X, the contract which A is thus induced to sign is invalid.4 If A induces B to execute a lease to him by representing that the contents of such lease are the same as those of a prior lease between the parties, when, in fact, such lease contained an option, and a provision for leasing to A the interest of X in certain land if B should acquire such interest from X, B may avoid such lease at law in an action of unlawful detainer.5