Gordon v. Witthauer

Plaintiff, a tenant, brought this action against defendants, his landlords, for damages for breach of an express warranty that the landlords would install adequate heating and air conditioning equipment. The case was submitted to the jury on this theory and from 'an adverse verdict and judgment defendants appeal.

Defendants contend it was error to overrule their motion for judgment notwithstanding the verdict because the plaintiff’s case was based on parol evidence which contradicted, varied or enlarged the written lease between the parties.

Plaintiff and defendants entered into a written lease…