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Civil Procedure Keyed to Field
Hennepin Paper Co. v. Fort Wayne Corrugated Paper Co.
Facts
Plaintiff sued Defendant for breach of contract, alleging that the written purchase contract had been modified by a contemporary modification to require purchase of a minimum of 600 tons and a later oral modification raising the requirement to 800 tons. Defendant successfully moved to strike the contemporary modification as parol evidence. A judgment was entered for Defendant. Plaintiff then brought an action to reform the purchase contract to the true intentions of the parties. Defendant moved for summary judgment on the basis of res judicata and the motion was granted. Plaintiff appealed, arguing that reformation was a distinct equitable action that could be separately litigated. Defendant argued that reformation could have been requested in the original action.
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