Hield v. Thyberg
Minnesota Supreme Court
347 N.W.2d 503 (1984)
Hield (plaintiff) sold his interest in a corporation to his partner Thyberg (defendant) under a written Assignment stating $15,000 as the full consideration, but Hield later sued claiming Thyberg had also orally agreed to pay an additional $35,000 via promissory note, a sum the parties deliberately omitted from the written document so as not to jeopardize a loan Thyberg planned to seek. The trial court admitted this parol evidence over Thyberg's objection and entered judgment for Hield for the additional $35,000 plus interest, without instructing the jury that Hield needed to prove this claim by clear and convincing evidence.
Whether parol evidence is admissible to show that the full consideration was not stated in an otherwise complete and unambiguous written contract in order to deceive a third party.