Kirby v. Tricker

Carswell, J. (dissenting).

Proof was properly received sustaining the defense that there was a separate contemporaneous oral agreement or supplemental arrangement at the time the note and deed were delivered, that in the event of default under the note, the deed was to be recorded by the lender and to have full effect as an absolute conveyance, and be accepted as full payment of the debt or note.] The oral proof did not contradict but merely supplemented the note in suit. As was said by Cardozo, J., in Di Menna v. Cooper & Evans Co. (220 N. Y. 391, 397) and reiterated in Saltzman v. Barson…