Sherrodd, Inc. v. Morrison-Knudsen Co.
Supreme Court of Montana
815 P.2d 1135 (1991)
Sherrodd (plaintiff) claims a Morrison-Knudsen (defendant) representative quoted 25,000 cubic yards of excavation before it bid $97,500 for a "lump sum" written excavation contract, but the actual job required over 50,000 cubic yards; Sherrodd also claimed oral promises from other contractors that it would be paid for actual work done rather than the fixed contract price, and the trial court granted Morrison-Knudsen summary judgment based on the parol evidence rule.
Whether a party can introduce evidence that conflicts with the express terms of a contract, when there is no evidence of mistake or imperfection, that the parties dispute the validity of the contract, or fraud that does not relate directly to the subject of the contract.