Order affirmed, with $10 costs and disbursements.
The action essentially is one to recover damages based on common-law fraud and deceit. In such an action, rule 113 does not authorize the granting of summary judgment unless a defense has been interposed which is founded on facts established by documentary evidence or official record. Moreover, in an action of that character the parol evidence rule has no application and may not be invoked to bar proof...
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