Yeazel v. Burger King Corp.

I fully agree the trial court erred in refusing to consider parol evidence of an alleged mutual mistake. Nevertheless, I would affirm under the “right for any reason” rule, because the intervening equity of a bona fide purchaser for value precludes reformation of this lease. Furthermore, the voluntary payment rule does not bar recovery of alleged overpayments made during the pendency of this action. I therefore respectfully dissent from the judgment of reversal.

Plaintiff-appellee Burger King Corporation (“BKC”) brought this action against defendants-appellants Rita D. Yeazel and Jack H.…