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.
In the absence of statute specifying in what part of the contract the signature must be written, a signature may be written anywhere upon the contract.1 While the name must be written with the intention that it shall operate as an execution of the contract in order to constitute a signature, this depends upon a different principle, and has nothing to do with the place at which the name is to be written. Thus a signature may be written in the body of the contract itself.2 So, where a written contract contained the provision, "this agreement further continued below," followed by the signatures of the parties, below which were additional terms of the contract, such contract was held to be properly signed.3 If A signs near the lower right-hand corner of the instrument, opposite a seal, and B signs a little to the left and slightly below A's signature, it has been held that this is prima facie A's instrument and that B is a witness thereto.4 A statute which provides that a contract must he "subscribed," has been held to require a signature at the end of the instrument, and to make invalid a signature in the body of the instrument.5 A contract required by law to be in writing, as a negotiable instrument, may be signed at any part thereof, as in the body of the note6 or on the back.7
14 Muscatine Water Co. v. Lumber Co., 85 la. 112; 39 Am. St. Rep. 284; 52 N. W. 108.
15Hulbut v. Atherton, 59 la. 91; 12 N. W. 780.
1 Dickson v. Conde, 148 Ind. 279; 46 N. E. 998; Coddington v. God-dard, 16 Gray (Mass.) 436; Saunders v. Hackney, 10 Lea (Tenn.)
194; Noe v. Hodge, 3 Humph. (Tenn.) 162.
2Noe v. Hodge, 3 Humph. (Tenn.) 162; Fulshear v. Randan, 18 Tex. 275; 70 Am. Dec. 281.
3 Dickson v. Conde, 148 Ind. 279; 46 X. E. 998.
4 Steininger v. Hoch, 39 Pa. St. 263; 80 Am. Dec. 521.