Practice point: Parol testimony is admissible to prove a condition precedent to the effectiveness of a written agreement, if the condition does not contradict agreement’s express terms.
Students should note that oral conditions may not be added to a signed and written real estate sales contract when its delivery was to the other party's agent.
Case: Torres v. D’Alesso, NY Slip Op 07127 (1st Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.
