NEW paper - Roxsand v. Linda Ohio Court of Appeals Jasmine...

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Roxsand v. Linda Ohio Court of Appeals Jasmine Hill Alina Jais
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month “payable in advance on the first day of each and every month of the said term”. At the time the lease was signed, Linda told Roxsand that she received her salary on the tenth of the month, and that she would be unable to pay the rent before the date each month. Roxsand replied that would be satisfactory. On June 2, with Linda not having paid the June rent, Roxsand sued Linda for the rent. At the trial, Linda offered to prove the oral agreement as to the date of payment each month. Hill Jais, Appellate Judges. I. Facts There was a valid contract made between Roxsand and Linda for the lease of Roxsand’s apartment. Linda and Roxsand then made an oral agreement to change the lease. The facts state that the oral agreement was made “at the time the lease was signed”. If the oral agreement was made before the lease was physically signed then the agreement will fall under the parol evidence rule. If the oral agreement was after the lease had been signed by the parties then this would become an oral modification to the lease. II. Parol Evidence Rule However, there are exceptions to this rule. Condition Precedent states that if a contract was signed on a condition of something happening before the contract was signed, then that condition, even though oral can be permitted as evidence in court of an agreement. In Linda’s
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This note was uploaded on 11/23/2011 for the course BLS 342 taught by Professor Miller during the Summer '08 term at Miami University.

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NEW paper - Roxsand v. Linda Ohio Court of Appeals Jasmine...

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