Jim Ellis Volkswagen, Inc. v. Millican

Banke, Judge.

This suit was brought by the appellant for breach of a contract for the sale of an automobile. The trial court heard the case sitting without a jury and rendered a verdict for the appellee. This appeal followed.

1. "Where in a contract for the sale of an automobile the time of delivery is not fixed otherwise than by a stipulation that the automobile will be delivered 'as early as possible,’ parol evidence is admissible to explain the meaning of the term 'as early as possible,’ as it was understood by the contracting parties at the time of making the contract, and testimony on this…