Legal Opinion · Dissent

Arkansas Aviation Sales, Inc. v. Carter Construction Co.

Supreme Court of Arkansas

Decided June 21, 1971No. 5-5570Published

1DissentJohn A. Fogleman, Justice

I cannot grasp the reasoning by which the court is saying that the effect of the action of the trial court and of the majority is not to permit the contradiction, alteration, or variation of, and addition to the terms of a valid and unambiguous contract by parol evidence, contrary to prior decisions of this court on the subject. Our rule permitting the modification of a written contract is appropriate, but its applicability here terminates before the end result is reached.

A clear, unambiguous written lease-purchase agreement was entered into between the parties. By mutual agreement, that…

2Cases cited7 opinions

  1. Magee v. RobinsonSupreme Court of Arkansas · 1950
  2. Bridges v. Harold L. Schaefer, Inc.Supreme Court of Arkansas · 1944
  3. Kelly v. DeweesSupreme Court of Arkansas · 1940
  4. Bourque v. EdwardsSupreme Court of Arkansas · 1960
  5. Jones v. CoxSupreme Court of Arkansas · 1957

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