Laspopoulos v. Earl

ON APPLICATION FOR REHEARING

Plaintiff’s application for rehearing argues that he did object, by earlier objection to all parol evidence, to being asked whether he had in fact loaned the money at the time of the act of mortgage. Without agreeing that his general objection applied to this question, we observe that, unlike parol to vary the terms of a written contract, a mortgagee’s own oral evidence denying the contract’s recital that money was loaned is not so easily excludible on his own objection, being comparable to a counter-letter, La. C.C. 2239, or similar evidence in answer to written…