Stees v. Leonard

Stees (plaintiff) contracted with Leonard (defendant) to build a three-story building according to detailed plans and specifications. The building collapsed twice after reaching three stories; after the second collapse, Leonard refused to do any further work. Stees sued for damages, arguing the collapses were due to Leonard's negligence and poor materials; Leonard argued the real cause was quicksand soil that could not support the building without draining the land first. The trial court excluded, as inadmissible parol evidence, Leonard's claim that Stees had agreed to drain the land and failed to, and the jury found for Stees. Leonard's motion for a new trial was denied, and he appealed.