Barker v. Price
Court of Appeals of Indiana
48 N.E.3d 367 (2015)
Relevant factsFree
Price (defendant) advertised a van as a 1994 Ford E-350, and Barker (plaintiff) verbally agreed to buy it; the two then signed a written agreement covering only Barker's deposit and Price's delivery of title, without an integration clause and without mentioning the van's model year. After Barker paid the deposit, Price delivered a title showing the van was actually a 1993 model, and Barker refused to accept it and sued for breach of contract. The trial court granted Price summary judgment, finding the model year immaterial because it wasn't mentioned in the written agreement.
IssueFree
Whether the parol evidence rule applies when the parties' written agreement is not an integrated agreement.