Marks v. Feldman

Opinion by

Porter, P. J.,

The plaintiff brought this action to recover the cash payment which he had made upon a proposed contract for the purchase of real estate; he recovered a judgment in the court below and the defendant appeals.

The first assignment alleges that the court erred “in admitting parole evidence in contradiction of and inconsistent with the written agreement attached to plaintiff’s statement of claim as Exhibit ‘A’.” This assignment might be disregarded as it refers to no ruling of the court or exception taken by the defendant, but the same question is raised by the second…