Fox-Sadler Co. v. Earl E. Norris Roofing Co.

This appeal poses questions concerning the mutual-mistake exception to the parol evidence rule and the rule requiring a claimant to mitigate damages.

Appellant Fox-Sadler Company, Inc. (Fox), the defendant below, is a general construction contractor. Appellee Earl E. Norris Roofing Company, Inc. (Norris), the plaintiff below, is a roofing contractor. Both parties have had more than 20 years’ experience in the construction business. Norris filed a motion for judgment against Fox alleging that “[b]y contract dated August 17, 1978, plaintiff contracted with defendant to provide roofing and…