Thompson v. Libby

Thompson v. Libby - Contracts 11/3 Parol Evidence Rule...

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Contracts 11/3 Parol Evidence Rule – Classical Approach Thompson v. Libby, Minnesota Supreme Court, 1885 Facts : Plaintiff sold defendant logs marked H.C.A. Their written agreement said nothing of the quality. Defendant said plaintiff breached a warranty of the logs’ quality and offered oral testimony to prove this. Plaintiff said such oral testimony is inadmissible. Procedure : trial court for defendant. Issue : whether defendant can bring up an alleged verbal warranty as to the logs’ quality when the written agreement contained no such warranty. Holding : trial court erred in admitting parol evidence of a warranty. Class Notes : Parol Evidence Rule – when the parties to a contract have mutually agreed to incorporate (integrate) a final version of their entire agreement in a writing, neither party will be permitted to contradict or supplement that written agreement with “extrinsic” evidence (written or oral) of prior agreements or negotiations between them. When the writing is intended to be final only with respect to a part of their agreement, the writing may not be contradicted , but it may be supplemented by such extrinsic evidence. The rule only operates to exclude evidence – not define what is affirmatively admissible. Parol Evidence Rule – founded on the obvious injustice that would result if matters in writing, made with consideration and deliberation, and intended to embody the entire agreement of the parties, were liable to be controlled by the uncertain testimony of
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Thompson v. Libby - Contracts 11/3 Parol Evidence Rule...

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