Fr. Winkler Kg v. Gene Stoller v. Helmut Winkler, Martha Winkler Fuhst, Kurt Maier, Walter Schnee, and Franz Remensberger. Appeal of Gene Stoller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that before the parol evidence rule can be applied, there must be a determination as to whether the parties have adopted a writing as the final and complete expression of their agreement
• reliance upon a promise not to enforce a note does not constitute fraud so as to permit parole evidence of that promise
• “[Debtor]’s discharge from its obligations under the notes by operation of the Bankruptcy Code does not affect a release of [a guarantor] as guarantor.”
• discussing case law across the country applying this principle

Source: CourtListener parenthetical corpus (CC0).