C. & A. Construction Co. v. Benning Construction Co.
Supreme Court of Arkansas
509 S.W.2d 302 (Ark. 1974)
C. & A. Construction (defendant) and Benning Construction (plaintiff) were sewer-line subcontractors whose written contract stated Benning would "receive $20,000 for supervision," to be performed by Benning's president; at trial, Benning was permitted to introduce evidence of a separate verbal agreement that its president would also receive a salary and living expenses beyond the $20,000 while supervising, and the trial court awarded both the $20,000 and an additional $18,600 for salary and expenses. CACC appealed only the additional salary-and-expenses portion of the award.
Whether parol evidence is admissible to supplement a contract's clear and unambiguous terms with an additional, separately negotiated payment obligation.