Cade v. Nelson
Gregory and Barbara Nelson, individually and as co-trustees of a family trust, appeal a judgment for Steven and Maureen Cade, individually and as co-trustees of a family trust, on the Cades' complaint for breach of a promissory note, and against the Nelsons on their cross-complaint for breach of oral contract, fraud and related counts.[1] The Nelsons contend the trial court improperly granted the Cades' motion in limine to exclude evidence of Steven's alleged oral agreement to nullify a provision of the promissory note requiring the Nelsons to pay the Cades $500,000. The Nelsons also contend the court improperly denied their request for leave to amend their answer to the complaint to allege a defense of mutual mistake of fact, which they made immediately before the jury was to commence deliberations. Court affirm the judgment.
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