West Conshohocken Restaurant Associates, Inc. v. Flanigan

DEL SOLE, J.:

¶ 1 Appellant appeals from a judgment entered after a bench trial in which the trial court found him liable for damages stemming from his breach of an agreement for the sale of a restaurant.

¶ 2 Appellant raises two issues for our review:

1. Whether the trial court, by admitting parol evidence of an oral agreement to modify the terms of a contemporaneous, unambiguous, integrated written agreement, absent of evidence of fraud, accident or mutual mistake, particularly when the parol evidence is an ex parte communication in violation of Rule 4.2 of Rules of Professional Conduct,…