Karl H. Schewe and Louise H. Schewe v. Elmer C. Bentsen and Tip-O-Tex Realty Co.

THORNBERRY, Circuit Judge:

This is a diversity action in which appellant Schewe seeks to recover the amount he was required to pay on a mortgage on property he had already sold. The only question for our consideration is whether Schewe may introduce testimony to vary the terms of the deed by which the property was conveyed. The trial court held that he could not, and accordingly directed a verdict for appel-lee. We affirm.

Appellant Karl H. Schewe contracted to trade a motel he owned to appellee Tip-O-Tex Realty Company in exchange or certain agricultural property. The motel was encumbered with…