Borg v. Fain

The plaintiff contends and the trial court agreed that, because the defense relied upon is based upon an inadmissible oral agreement, the prior and contemporaneous verbal agreements set forth in defendant’s pleadings are merged in the written contract evidenced by the notes, and that parol evidence of such agreements is not admissible to vary or contradict its terms, he was entitled to summary judgment.

As appears from the foregoing statement of facts, the notes were simple in form without any reference to any collateral or extraneous agreement. Particularly, they do not on their face contain…