Ben Kamm Elly M. Kamm Ilse Diament Fred Diament v. Trust Company of New Jersey

42 F.3d 1400 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ben KAMM; Elly M. Kamm; Ilse Diament; Fred Diament, Plaintiffs-Appellants, v. TRUST COMPANY OF NEW JERSEY, Defendant-Appellee. No. 92-55289. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 4, 1993. Decided Nov. 28, 1994. Before: NORRIS, WIGGINS, O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Ben and Elly Kamm and Ilse and Fred Diament (Plaintiffs) sued The Trust Company of New Jersey (Trust Company). Plaintiffs sought damages under various theories and hoped to prevent foreclosure on their homes, which secured a $4.6 million debt on a Texas property. The district court granted summary judgment for the Trust Company because the Plaintiffs' claims were based on inadmissible parol evidence. Plaintiffs appeal. We affirm in part, reverse in part, and remand. STANDARDS OF REVIEW 3 Whether the parol evidence rule excludes evidence of a contemporaneous oral agreement presents a question…