Lewis v. Mears

KALODNER, Circuit Judge.

The plaintiffs, having suffered judgment against them below on a jury’s verdict and their motions for a directed verdict and/or a new trial having been denied,1 have brought this appeal raising these issues:(1) Did the trial judge err in permitting parol evidence to the effect that a Ws^e Agreement allegedly entered into between the defendant and the United Mine Workers of America (“Union”) which required the defendant ^ to make certain payments to the plaintiffs’ Welfare and Retirement Fund was never consummated because a condition precedent ^o consummation never…