APCO Oil Corp. v. Stephens

Marian F. Pendí, Judge,

dissenting. I would affirm the trial court decision with respect to contractual liability but order a remittitur with regard to damages.

I believe the majority, in reversing this jury verdict, has mistakenly applied the parol evidence rule to this contract. While I readily admit parole evidence could not be introduced to alter or vary the terms of the written agreement, I find the evidence to be of an oral agreement supplementing the standard industry or adhesion contract signed by the parties. The Majority, in accepting APCO’s position the agreements were meged into the…