Morgan Buildings and Spas, Inc. v. Humane Society of Southeast Texas
Texas Court of Appeals
249 S.W.3d 480 (2008)
The Humane Society of Southeast Texas (Humane) (plaintiff) contracted with Morgan Buildings and Spas (Morgan) (defendant) for a custom storage carport with specific coloring, doors, and dimensions, and a merger-and-integration clause stating the writing was the entire agreement; the parties also separately signed a different document describing a different-sized building. The delivered carport was the wrong color, rusted, too short, internally braced in a way that prevented the planned shelving, and leaking, and Humane's attempts with Morgan's representative to fix the problems failed; the trial court found for Humane and awarded significant damages, and Morgan appealed.
Whether the incorporation of a merger-and-integration clause in a contract bars the consideration of parol evidence if the merger clause contradicts the terms of the contract.