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NATIONAL BANK OF HARVEY v. PAULY

Civ. No. 9563.

280 N.W.2d 85 (1979)

The NATIONAL BANK OF HARVEY, a National Banking Association, Plaintiff and Appellee, v. Donald P. PAULY, d.b.a. Don Pauly Cheese, Inc., and Don Pauly Cheese, Inc., a Wisconsin Corporation, Defendant and Appellant.

Supreme Court of North Dakota.

May 9, 1979.

Attorney(s) appearing for the Case

Lamb, Schaefer, McNair & Larson, Fargo, for plaintiff and appellee; argued by Leland M. Stenehjem, Jr., Fargo.

Schlosser & Schmitz, Bismarck, for defendant and appellant; argued by Orell D. Schmitz, Bismarck.

SAND, Justice.

The issue involved in this case concerns the admissibility of parol evidence to vary the terms of a written notation contained on the face of a check. The appellant, drawer of the check, argued it was error on the part of the trial court to allow the admission of parol evidence to establish an oral agreement varying the terms of a notation which stated the purpose for which the check was issued. We affirm.

The National Bank of Harvey, appellee...

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