Jackson v. Sample

ANDERSON, Chief Justice.

The note upon which the suit is brought was not set out haec verba, but the complaint describes it as an unconditional promise to pay the sum claimed upon demand. The special pleas .set up a collateral parol agreement that the same was not in effect to be paid upon demand, but only at some future time and then only should the earnings of the company be sufficient to pay said note. The pleas therefore set up a parol agreement at variance with and contradictory of the written terms of the note and which does not relate only to the consideration so as to bring the parol…