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Contracts Keyed to Calamari
Bollinger v. Central Pennsylvania Quarry Stripping and Constr. Co.
Facts
The Plaintiffs, Mahlon Bollinger and Vinetta Bollinger (the "Plaintiffs"), agreed to allow the Defendant, the Central Pennsylvania Quarry Stripping Construction Company (the "Defendant"), to deposit certain construction refuse near their property while they were constructing a highway. The Plaintiffs allege the parties had a mutual understanding about how the waste was to be concealed. The topsoil on the Plaintiffs' property would be removed, the refuse deposited and then the topsoil replaced. The Plaintiffs and the Defendant signed an agreement, which did not include this provision although they were under the impression it did. The Plaintiffs never read the agreement. The Defendant initially followed the mutual understanding, but over time began diverting from it. The Plaintiffs remonstrated. The Defendants point to the written agreement and argue that nothing in it says they must remove soil, lay down the waste and then replace the soil on top. Only when the Defendant began digressing from the parties' oral agreement, did the Plaintiffs learn the waste disposal provision was not in the contract. This suit followed in an attempt to reform the contract.
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