The plaintiff brought an action claiming she overpaid a private mortgage based on an alleged oral agreement to reduce the interest rate from 14% to prime plus 4% upon renewal.
The defendant estate counterclaimed for the outstanding balance at 14% interest and moved for summary judgment.
The court granted summary judgment, finding the plaintiff's claim was barred by the Statute of Frauds as there was no written evidence of the alleged oral agreement.
The court also held that the doctrine of part performance did not apply because the plaintiff's continued mortgage payments were not unequivocally referable to the alleged oral agreement.
The plaintiff's action was dismissed, and judgment was granted on the counterclaim.
