ROBERTS v. MAZE

(9706-04247; CA A101786)

985 P.2d 211 (1999)

161 Or. App. 441

Harley C. ROBERTS, Jr., Successor Trustee of the C.A. Dillinger Residual Trust, Respondent, v. Dennis R. MAZE and Beatrice U. Maze, Appellants.

Court of Appeals of Oregon.

Decided July 7, 1999.


Attorney(s) appearing for the Case

Derek C. Anderson, Portland, argued the cause for appellants. On the briefs were Mark McCulloch and Powers, McCulloch & Bennett, LLP.

Kevin O'Connell, Portland, argued the cause for respondent. With him on the brief was Kevin O'Connell, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.


HASELTON, J.

Defendants appeal, assigning error to the allowance of plaintiff's motion for summary judgment in an action to enforce and collect on a promissory note. Defendants contend, particularly, that the trial court erred in concluding that the parol evidence rule, ORS 41.740, precluded its consideration of evidence that the promissory note was, in fact, a sham. We conclude that the trial court so erred and, consequently, reverse and remand.

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