BORDEN, INCORPORATED v. Brower

MOORE, Justice.

This appeal poses the sole question: Was defendant’s evidence in support of his defenses and counterclaim admissible?

Plaintiff’s evidence establishes a prima facie case for an unpaid balance on a promissory note under seal. Plaintiff contends that the material facts set forth in defendant’s answer, deposition, and affidavits offered by defendant in opposition to plaintiff’s motion for summary judgment were inadmissible in evidence because of the parol evidence rule, and that the trial court properly granted plaintiff’s motion for summary judgment.

Affidavits filed in opposition…