Garrett v. Wagner

SPICER, P.J.,

Plaintiffs conveyed land to defendant by a deed setting forth a consideration of $2,000, and containing the usual provisions showing that payment had been made. Plaintiff, claiming that only $500 had actually been paid, brought suit for the balance.

Defendant raised objection at time of trial to testimony of plaintiffs on the basis both of the statute of frauds and of the parol evidence rule. The court overruled these objections and received testimony.

Plaintiffs originally purchased the land in ques*599tion from defendant. Defendant financed this purchase through an installment…