Roebuck v. . Carson

If promissory, negotiable notes are duly executed and delivered, payable upon certain dates therein specified, can the maker thereof, as against the payee therein, set up a contemporaneous verbal agreement to the effect that the notes would not become payable until the death of the maker ?

The principle of law governing the controversy is thus stated in Fertilizer Co. v. Eason, 194 N. C., 244, 139 S. E., 376: “If a contract is not within the statute of frauds the parties may elect to put their agreement in writing, or to contract orally, or to reduce some of the terms to writing and leave the…