Eiselein v. Montana Bank of Roundup

JUSTICE TRIEWEILER,

specially concurring:

I agree that the District Court was correct when it denied plaintiff’s motion for partial summary judgment. I also concur with the majority that the District Court’s order granting the defendants’ motion for summary judgment should be affirmed. However, I disagree with the reasons set forth by the majority for their decision.

This is clearly not a case where the undisputed facts bar plaintiff’s claim pursuant to the doctrine of merger.

It is correct that evidence of prior oral agreements is not admissible to alter a subsequent written agreement so long as…