Childress v. C. W. Myers Trading Post, Inc.

Notwithstanding the reduction of the contract to writing, the parties are not in agreement as to the terms of the original contract. Was the house to be 30 feet or 28 feet wide? The writing is specific as to length but silent as to width. Was the fireplace to be installed over a full-size basement as the writing says, or was the fireplace to be installed in a full-sized basement and the house insulated overhead ? If plaintiffs’ version of the contract is correct, defendant has admittedly breached the contract. Neither of these conditions has been met.

Did the parties subsequently and by parol…