Atkins v. Bianchi

CARROLL, DONALD K., Judge.

The defendants in an accounting suit Lave filed an interlocutory appeal from an •order entered by the Circuit Court for Du-val County granting the plaintiff’s motion to strike certain portions of their answer to the complaint. The crux of the question before us for determination is whether the chancellor correctly struck the allegations in those portions of the defendants’ answer because they were not susceptible of proof without violating the parol evidence rule.

The essential allegations of the plaintiff-appellee’s complaint are to the following effect: that he and…