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Posey v. Ford Motor Credit Co.

Idaho Court of Appeals

111 P.3d 162 (2005)

Relevant factsFree

Ford (defendant) leased a truck to Posey (plaintiff) under a signed agreement stating a 48-month term with a purchase option, then told Posey the term should have been 36 months and had him sign a replacement lease that mistakenly still said 48 months; Ford later sent a letter unilaterally declaring the term was 36 months, Posey made 36 months of payments and tried to exercise his purchase option, and Ford refused, insisting the true term was 48 months as written. Posey sued for breach of contract, and the trial court granted Ford summary judgment applying the common-law parol evidence rule.

IssueFree

Whether, under the UCC's parol evidence rule, the initial inquiry is whether the parties intended the writing to be a final, complete, and exclusive expression of their agreement.

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