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Figure 10.1Elmsford, New YorkSeptember 1, 20––ELMSFORD LANDSCAPING AND JEANNINE MASON herebyagree as follows:ELMSFORD LANDSCAPING agrees to build a flagstone terracefor JEANNINE MASON at her residence, 52 Locust Drive,Elmsford, New York, for the sum of $2,750. The dimensions ofthe terrace are to be 20 feet in length by 15 feet in width and4 inches in thickness. All material used is to be of good quality,conforming with standard specifications of the AmericanSociety for Testing Materials.THE REQUIREMENTSOF A WRITINGThe Statute of Frauds isdesigned to preventfraud and perjury byrequiring a writtenmemorandum asevidence of the agreementand its terms.Does this writtenmemorandum satisfythe Statute of Frauds?ELMSFORD LANDSCAPINGByPresidentJeannine MasonEvaluating Contradictory TermsSometimes parties to an agreement will make handwritten changeson a typewritten or printed contract. When the handwritten terms contradictthe typed or printed terms, the handwritten terms will prevailbecause the court will presume that these terms were placed in thewriting after the contract was typed or printed. For that reason, the handwrittenchanges likely represent the final intent of the parties. Generally,handwriting prevails over typewriting or printing, and typewriting prevailsover printing. When there is a discrepancy in an amount written inboth words and figures, as in a check, the amount written in words willprevail over the amount written in figures (see Figure 10.2).Figure 10.2FIRST NATIONAL BANK 0000AYTO THEPORDER OFFOR" 002130" 029200000 " 0240 0688"20 56-292213$DOLLARSCONTRADICTORYTERMSSometimes theterms of a writtenmemorandum willcontradict oneanother. Whichamount will the bankpay in this case?Chapter 10: Form of the Contract 207