The Ohio Crane Co. v. Hicks

By the Court.

This cause undoubtedly was ordered certified by this court under a misapprehension of the facts of the case and the question involved.

The parol evidence was admissible in this case for several reasons:(1) Because the written contract expressly refers to a verbal contract, and thereby excludes the theory of the merger of the oral agreement into the written agreement.(2) The words “actual cost plus 10 per cent.” are not defined in the writing, and, since the writing itself refers to both labor and material, the language could with equal propriety refer to either or both.(3) The…