Panos v. Olsen
Utah Court of Appeals
123 P.3d 816 (2005)
Relevant factsFree
The sale contract and deed both restricted structures on the neighboring lot to 32 feet "measured from the existing street," without specifying a precise reference point, and Panos had privately derived that 32-foot figure from a survey referencing a brass marker in the sloped street that he never clearly showed or discussed with Olsen; after Olsen built a house measuring just under 32 feet from a lower street gutter, Panos measured from the brass marker and sued for breach.
IssueFree
Whether the merger doctrine holds that the final documents in a real estate transaction abrogate any prior written or oral agreement between the parties.