Paine v. Paine

WATHEN, Justice.

Defendant Laurence Paine appeals from an order of the Superior Court (Penobscot County) granting summary judgment in favor of the plaintiffs. We find that the presiding justice erred in holding that the parol evidence rule barred the admission of evidence proffered by the defendant to establish non-delivery of a deed. We therefore sustain the appeal.

Following the death of the intestate Errol K. Paine in 1979, his law partner, the defendant James G. Lynch, found among the decedent’s personal papers an unrecorded deed which purported to convey certain real property from Laurence…