4 Mass. App. Ct. 783 | Mass. App. Ct. | 1976
The plaintiff brought an action in the Superior Court to recover the principal sum of a promissory note, plus interest, costs and attorney’s fees, from the defendant. Summary judgment was entered for the plaintiff pursuant to Mass.R.Civ.P. 56, 365 Mass. 824 (1974), from which action the defendant has appealed. The facts as summarized in the plaintiff’s affidavits in support of summary judgment were that a loan, in the amount of $50,000, was negotiated to aid the defendant’s relocation from premises previously rented from the plaintiff. At the time of the execution of the note, the defendant also signed and delivered a letter to the plaintiff wherein it agreed that in the event that any monies were received from the United States government for moving and relocation prior to the maturity date of the instrument, such funds would be applied forthwith to the payment of the principal and interest. The defendant argues that the trial court erred because an affidavit it submitted in opposition to the summary judgment motion alleging its president’s oral understanding and anticipation that payment would be deferred until the Federal funds were available and that all understood that Federal funds were to be the
So ordered.