Rogers v. Jackson

804 A.2d 379 (Me. 2002)

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Nature of the Case

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Facts

D signed a promissory note to Ps in which he promised to pay them $3,000, plus seven percent interest, with half the principal payable in one year and the remaining principal and interest payable in two years. Jackson did not pay any of the amount due under the note. P brought an action and D denied liability, alleging that the agreement between the parties was that he would pay only if and when he was able, and he had not been able. P filed a motion for summary judgment. D stated that the note was part of a larger oral agreement: instead of foreclosing on a mortgage he held on real property P had bought from him, he would pay them $10,000 to buy back the property, they would pay any attorney fees, and he 'would issue them a note for $3,000 to be paid if and when I was able.' D appealed the summary judgment for P.