Harry Park v. Dealers Transit, Inc.

FAIRCHILD, Chief Judge.

The issue in this appeal is whether a written contract can be modified by a subsequent oral agreement even though the original contract provides that it can only be modified in writing. Jurisdiction in this action is predicated on diversity of citizenship and it is undisputed that Illinois law governs.

I

Plaintiff Harry Park entered into a written agreement with defendant Dealers Transit, Inc. under which plaintiff leased to defendant a truck owned by plaintiff. Defendant also hired plaintiff to drive the truck. The agreement provided that defendant was not obligated to…