Adler v. Friedman
California Supreme Court
Appeal from the Fourth District. The facts sufficiently appear in the opinion. Plaintiff had judgment for the amount of the note, with the interest therein expressed. One of the defendants appeals.
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
This is an action to recover the amount of a promissory note for four thousand dollars, with interest at the rate of two and a half per cent, per month, and to foreclose a mortgage executed to secure its payment. On the trial of the case, the defendants offered to prove that from a certain time the interest had been reduced, by a parol agreement, to one and a half per cent, per month. The rejection of this proof is assigned as error.
The general rule is, that extrinsic verbal evidence is not admissible to contradict or vary the terms of a written…
2Cited by4 opinions
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