Cobb State Bank v. Nelson

Cobb State Bank appeals a judgment of the circuit court for Iowa County that reduced its claim against its debtor, Russell Nelson, by the sum of $31,191. The bank maintains that it had already credited that sum to Nelson’s outstanding account on a previous note.

The bank claims that the trial court erroneously applied the parol evidence rule and erroneously concluded that even considering the parol evidence, the bank failed to establish the disputed portion of its claim to the required degree of certainty. Because the parol evidence rule does not bar the bank’s proof and because undisputed…