Bye v. Elvick

DISPOSITION ON THE MERITS

Elvick appeals from the judgment, claiming that the parol evidence rule “compels acceptance of both [the $50,000.00 and $59,-500.00 notes] and bars any modification of these unconditional promises to pay based on oral testimony from Bye.” Elvick also argues that the parol evidence rule prohibits consideration by the trial court and this court of the oral testimony offered to determine the parties’ intentions concerning debt resolution at the land closing. Elvick contends that the findings of fact based upon inadmissible parol evidence are clearly erroneous.

At the…