¶1dissenting.
¶2I respectfully disagree.
¶3The affidavit by Richard C. Robbins states:
My name is RICHARD C. ROBBINS, and I am the Defendant in the above styled and numbered cause of action. I am capable of making this affidavit. I am competent to testify at the time of trial. I have examined the foregoing document and verify that is true and correct.
In the months of April and May, I had numerous occasions to speak to Plaintiff Bruce Warren in regard to the purchase of the stock of Texas Belting and Mill Supply. At various times, Mr. Warren expressed interest in acquiring the automobiles in the possession of Texas Belting and Mill Supply. As part of the original purchase of stock, such automobiles were listed as assets of the corporation. This property helped to establish the value placed on the stock. I agreed that the transfer would be made as a final satisfaction of the purchase price of the stock. Mr. Warren agreed that this transfer, along with the cash previously paid would represent the total purchase price. Mr. Warren was not obligated to sign over the stock until full satisfaction of all consideration had been made. He did in fact transfer the stock over indicating that he had been paid in full.
¶4The affidavit does not state that the parties made a new agreement, oral or written. Instead, it singly tries to controvert the original letter agreement made by Mr. Robbins and duly accepted by Mr. Warren.
¶5An unconditional written instrument cannot be varied or contradicted by parole agreements or by representations of the payee that the maker would not be held liable according to the tenor of the instrument. Town North Nat’l. Bank v. Broaddus, 569 S.W.2d 489, 492 (Tex.1978).
¶6I would, therefore, affirm the judgment of the trial court.