Nelson Equipment Co. v. Goodman

This case brings into sharp focus the parol evidence rule and the doctrine of conditional delivery of written contracts.

Plaintiff appeals from a judgment dismissing its action for the purchase price under a conditional sales contract, and a promissory note executed as a down payment.

March 1, 1951, defendant signed a written instrument ordering a “Hough H. M. Payloader” from plaintiff. The order contains the written notation “Subject switch HMD first available” (which refers to a change from gas to diesel power), and the printed statement:

“It is understood that the contract embodies the entire…