Elliott v. Whitney

The opinion of the court was delivered by

Harmon, C.:

This is an action for breach of an oral contract of sale of a crop dusting airplane and related oral contracts for leaseback of the plane and conducting crop dusting services. By way of summary judgment the trial court ruled that a subsequent written agreement, rather than the parties’ oral agreements, governed their rights upon defendant’s breach of the written agreement. Plaintiff appeals from the judgment rendered upon the determination. Essentially the issue is whether the written agreement constituted an executory accord rather than a…