Birsner

On this appeal by the payee of a promissory note from a judgment in favor of the maker, respondent, on the grounds of the statute of limitations (Code Civ. Proc., § 337, subd. 1), the only question is whether the trial court erred in excluding his proffered parol evidence.

The facts are not in dispute. On April 13, 1961, respondent, who was then 21 years old, executed a promissory note for $7,500 payable to appellant, her adoptive father. The note, on its face, stated that: it was executed for value received; interest would run from January 1, 1966; and it was payable on demand. No time of payment of principal was indicated. The court rejected appellant’s offer of proof that: 1) at the time the note was executed, respondent was a senior at the University of California; 2) it was the understanding of the parties that respondent would not be obligated to pay unless and until she received a certain inheritance from her grandmother; 3) in May 1966, respondent became vested of an inheritance more than ample to pay the note; and 4) appellant had made identical arrangements with an identical note with respect to the education of his adoptive son, Harvey.

The court then held…