Sapin

In a complaint filed July 1963, plaintiff pleaded four causes of action relating to a promissory note she and her late husband had signed in 1954. The note recited a promise to pay $6,000 in installments to defendants ’ predecessor in interest, but the amount and due date of installments and the date installments were to begin had been left blank. In her first three counts (declaratory relief, injunctive relief, and quiet title to real property) plaintiff pleaded an oral promise by the payee at the time of the making of the note not to demand payment until the real property securing the note had been sold and a violation of that promise after the death of the original payee by the successor holders’ untimely demands for payment and threats of foreclosure. In her fourth count plaintiff sought to reform the note to reflect the true agreement of the parties at the time of its making.

The trial court entered judgment on the pleadings for defendants, concluding that the first three counts failed to state a cause of action and the fourth count did not overcome the defense of limitations and laches. Plaintiff appeals.

The basic question in the first three counts is whether the terms of…