Commercial Law Keyed to Lopucki
Luther Williams, Jr., Inc. v. Johnson
Plaintiff and Defendant entered into a written agreement to sell and buy real property. Defendant was unable to obtain financing and Plaintiff claimed that the Defendant breached their contract. Defendant testified that they thought the contract was merely an estimate, and that they told Plaintiff the improvements would depend on financing and that they would not become obligated until their procured funds. Plaintiff objected to the introduction of evidence concerning a parol agreement regarding financing. The objections were overruled and the jury returned a verdict for the Defendant. Plaintiff appeals.
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