Parole Evidence Rule
The parole evidence rule is an exclusionary rule which bars extrinsic evidence (oral or written evidence)
from prior or contemporaneous statements, agreements or negotiations that contradict or supplement
the written K from being incl
42 Plotnick v. Pennsylvania Smelting
P bought lead from D. Ps paymnt for an order of lead was late. Defendant refused to send the
Rule. In an installment contract, on must perform even if the other party is late in performance
52 J.J. Brooksbank Co. v. Budget rent a car
Facts. Brooksbank (P) entered into a franchise w/ Budget (D) allowing all of the normal
franchise benefits. They then entered into a licensing agreement which gave them better deals
than the franchise
51 Badgett v. Security State Bank
TRIAL COURT CASE
Facts. The Badgetts (Ps) borrowed $1.5mil from Security State bank (D) to support their farm.
Ps had borrowed from D before, and P renegotiated their loans w/ P (course of dealing). Ps
50 Bak-A-Lum Corp of America v. Alcoa Bldg. Prods,. INC.
The Plaintiff, Bak-A-Lum Corp. of America (Plaintiff), sued the Defendant, Alcoa Building
Products, Inc. (Defendant), for damages resulting from the Defendant terminating its exclusive
49 Transatlantic Financing Corp. v. United States
The Plaintiff, Transatlantic Financing Corporation (Plaintiff), sued the Defendant, the United
States (Defendant), in quantum meruit after it was forced to take the longer route from Texas to
48 Krell v. Henry
Paul Krell (Plaintiff) sued C.S. Henry (Defendant) for 50 pounds the remaining of the balance of
75 pounds for which Defendant rented a flat to watch the coronation of the King. The lower
court found for the Defendant and Plain
47 Taylor v. Caldwell
Taylor (Plaintiff) sued Caldwell (Defendant) for breach of contract to rent out Defendants
facility for four concert dates.
RUle. A partys duty, under a contract is discharged if performance of the contact involves
46 Ramirez v. Autosport
Ramirez (P) and an autosport (D) salesman agred on a sale of a new camper and a trade in of a
van. The K for $14k for the camper and $4700 for the van. ($9902 left over) Camper ended up
having small defects in paint, miss
45 Gill v. Johnstown Lumber Co.
The Plaintiff, John Gill (Plaintiff), agreed to drive logs for the Defendant, Johnstown Lumber
Co. (Defendant). After a flood carried many of the logs away, the Plaintiff sued to recover money
owed under the contract.
44 K & G Construction Co. v. Harris
K & G Construction Co. (Plaintiff) sued Harris (Defendant), a subcontractor, for damage done to
a construction site and for breach of the subcontract. Defendant counter-sued for the work
Plaintiff had not paid
43 McCloskey & Co. v. Minweld Steel
McCloskey & Co. (Plaintiff) sued Minweld Steel Co. (Defendant) for anticipatory breach of
three construction contracts when Defendant indicated that it was having difficulty procuring
materials. The trial court held tha
40 Jacob & Youngs v. Kent
In this case, pipe of similar quality, but of a different brand name than that specified in the contract, was used in
the building of a house.
Rule. Where a contract has been substantially performed and the cost of repl
Pittsburg steel co v. Brookhaven manor water Co.
Summary. The Plaintiff, Pittsburgh-Des Moines Steel Co. (Plaintiff), sued the Defendant,
Brookhaven Manor Water Co. (Defendant), for breach of contract after the Defendant refused to
41 Plante v. Jacobs
The Plaintiff, Eugene Plante (Plaintiff), agreed to build a house for the Defendants, Frank and
Carol Jacobs (Defendants). Disputes arose during construction and the house was never finished.
Rule. There can be no recovery on
Jacob & youngs v. Kent
In this case, pipe of similar quality, but of a different brand name than that specified in the
contract, was used in the building of a house.
Rule. Where a contract has been substantially performed and the cost of replace
38 Britton v. Turner
Summary. Britton (Plaintiff) brought an action of assumpsit for work and labor performance of
the Plaintiff in servicing Turner (Defendant). Defendant appeals from a judgment allowing the
Plaintiff to recover for work and la
Cosden Oil and Chemical Co v. Karl O. Helm
Summary. The Plaintiff, Cosden Oil & Chemical Co. (Plaintiff), agreed to sell a set amount of
polystyrene to the Defendant, Karl O. Helm Aktiengesellschaft (Defendant). When the Plaintiff
was unable to
34 Hochster v. De La Tour
Plaintiff, a currier, entered into a contract with Defendant to accompany Defendant on a trip that
would begin June 1. Defendant changed his mind before June 1, and refused to compensate.
Rule. If two parties enter into
33 Kingston v. Preston
Kingston (Plaintiff) brought an action for breach of contract against Preston (Defendant) for
failing to comply with covenants to the contract.
Rule. The presentation of a good security by one party is a condition preceden
35 U.S. v. Seacoast Gas
The Plaintiff, the United States (Plaintiff), sued the Defendant, Seacoast Gas Co. (Defendant),
for the difference between the contract price and the amount the Plaintiff paid to cover the
contract that the Defendant gave
Fry v. George Elkins Co
Facts: Fry (P) made an offer on a home owned by Miller through real estate broker George Elkins Co.
(D). Frys offer was conditioned on obtaining a $20,000 loan at 5% for 20 years. The owners of the house
accepted and agreed to pay
CHIRELSTEIN CHAPTER 6
Luttinger v. Rosen
The Plaintiffs sued for a return of their deposit for the purchase of the Defendants premises after
the Plaintiffs were unable to secure financing within the agreed-upon parameters of the contract.
29 Eastern Air Lines v. Gulf Oil Corp.
The Plaintiff, Eastern Air Lines, Inc. (Plaintiff), sued the Defendant, Gulf Oil Corporation
(Defendant) for breach of contract. Among other issues, the Defendant defended the action by
alleging that the contract was
28 greer properties v. lasalle
FACTS Developers bought a bunch of land and didnt develop it so they decided to sell it.
Developers agreed w/ Greer to clean up property at their expense but could terminate if costs got
26 Bloor v. Falstaff Brewing Corp
Plaintiff James Bloor is the Reorganization Trustee of Balco Properties Corporation, and
Defendant Falstaff Brewing Corp., is a company that purchased the Ballantine brand of beer
from Plaintiff. According to th
20 Pacific Gas and Electric Co. v. G.W. Thomas Drayage and Rigging
Summary. Defendant contracted with Plaintiff to remove and replace the upper metal cover of Plaintiffs
steam turbine. Defendant agreed to indemnify Plaintiff against all loss res
Corenswet, Inc. v. Amana Refrigeration
When a distributorship was canceled, it claimed the bad faith cancellation was forbidden by the
K and UCC.
Appliance wholesaler, P, signed a K to be exclusive distributor for D. The agreement allowed