Knox v. Rivers Bros.

“When there is a promissory note, or other written obligation to pay money, and contemporaneously there is an oral agreement that the obligation is to be discharged by the doing of something other than the payment of money, so long as the contemporaneous, oral agreement remains ex-ecutory, it is wholly inoperative, and no defense whatever to a suit on the obligation.” Patrick v. Petty, 83 Ala. 420, 3 South. 779; Tuskaloosa C.-S. Oil Co. v. Perry, 85 Ala. 158, 167, 4 South. 635; Lakeside Co. v. Dromgoole, 89 Ala. 505, 509, 7 South. 444. See, also, Beard v. White, 1 Ala. 436; Clark v. Hart, 49…