Ensign Painting Co. v. Alfred A. Smith, Inc.

{dissenting). The plaintiff, a painting contractor, entered into a contract with the defendant to paint a building being constructed by the defendant, a general construction contractor. The dispute concerns the amount of work plaintiff agreed to perform under the contract. The plaintiff claims the contract was agreed upon orally; the defendant asserts the contract is evidenced by a writing not signed by the plaintiff.

The majority affirm the trial judge’s ruling that the parol evidence rule precluded him from considering, as trier of fact, the testimony, provisionally taken, of plaintiff’s…