Lopez v. Reynoso
Washington Court of Appeals
118 P.3d 398 (2005)
Reynoso (defendant) sold Lopez (plaintiff) a car under an installment contract listing $6,500 as the price with a $500 down payment and a merger clause, though Reynoso testified Lopez had actually requested this drafting while the real deal was $8,000 with a $2,000 down payment, which Lopez did pay; when Lopez later missed payments and tried to apply that earlier $2,000 to the written $6,500 price (which would have paid it off), Reynoso refused and repossessed the car. The trial court admitted Reynoso's testimony about the oral price-reduction agreement and ruled for him, and Lopez appealed.
Whether, under contract law, parol evidence may be taken into consideration to determine the intent of the parties, to properly construe the writing, and to determine whether the writing was actually intended to be the final expression of the agreement.