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Blank

left, instrument and written

BLANK. A space left in writing, to be filled up with one or more words to complete sense.

When a blank is left in a written agree , ment which need not have been reduced to writing, and wonld have been bind ing whether written or unwritten, it is pre ' slimed, in an action for the non-performance of the contract, parol evidence might be ad mitted to explain the blank. And where a written instrument which was made profess edly to record a fact is produced as evidence of that fact which it purports to record, and a blank appears in a material part, the omis sion may be supplied by other proof. 1 Phil lipps, Ev. 475 ; 1 Wils. 215 ; 7 Vt. 522 ; 6 id.

411. Hence a blank left in an award for a name was allowed to be supplied by parol proof. 2 Dall. Penn. 180. But where a cre ditor signs a deed of composition, leaving the amount of his deht in blank, he binds him self to all existing debts, 1 Barnew. & Ald. 101.

It is said that a blank may be filled by con sent of the parties and the instrument remain valid, Croke, Eliz. 626 ; 1 Ventr. 185 ; 11 Mees.

& W. Exch. 468; 1 Me. 34; 5 Mass. 538; 19 Johns. N. Y. 396; though not, it is said, where the blank is in a part material to the opera tion of the instrument as an instrument of the character it purports to be, 6 Mees. & W. Exch. 200; 2 Dev. No. C. 379; 1 Yerg. Tenn. 69; 2 Nutt & M'C. So. C. 125 ; 1 Ohio, 365; 6 Gill & J. Md. 250; 2 Brock. C. C. at least, without a new execution. 2 Par sons, Contracts, 229. But see 17 Serg. & R. Penn. 438; 22 Penn. St. 12; 7 Cow. N. Y. 484; 22 Wend. N. Y. 348; 2 Ala -517; 2 Dan. Ky. 142; 4 M'Cord, Si.. C. 239; 2 Wash. Va. 164; 9 Cranch, 28; 4 Bingh. 123. If a blank is left in a policy of insurance for the name of the place of destination of a ship, it will avoid the policy. Molloy, b. 2, c. 7, s. 14; Park. Ins. 22; Weskett, Ins. 42.