Roberts v. Maze

Defendants appeal, assigning error to the allowance of plaintiffs motion for summary judgment in an action to enforce and collect on a promissory note. Defendants contend, particularly, that the trial court erred in concluding that the parol evidence rule, ORS 41.740, precluded its consideration of evidence that the promissory note was, in fact, a sham. We conclude that the trial court so erred and, consequently, reverse and remand.

On October 4, 1994, defendants executed a promissory note in the principal amount of $52,958.66, with interest of eight percent per annum, in favor of the C.A.…