ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Tuesday, December 28, 2004

Cases—Parol evidence—Oral “referral agreement” dismissed

Illinois_3 A contractor who claimed damages for breach of an oral "referral agreement" in connection with a home remodeling job lost the claim, because his own "self-serving affidavit" claiming such a contract conflicted with three written agreements.

The parties to the construction dispute had signed three separate documents that made up their contract.  None of them contained an integration clause.  Nevertheless, said Judge William J. Hibbler, applying Illinois law, it was "clear that the parties intended the contracts to be the final and complete expressions of their agreement." The parol evidence therefore barred the contractor’s affidavit.

The contractor’s claim that it had given a discount in exchange for the promise to be a reference was disposed of on summary judgment.  Johnson v. Wattenbarger, 2004 U.S. Dist. LEXIS 24739 (N.D. Ill. Dec. 6, 2004).

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