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McLovin McLovin is offline
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Join Date: Jun 2009
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Quote:
Originally Posted by Zeke View Post
I just can't resist.

David M. Tomer v. Hollister Associates, Inc.
E-mail Exchange May Result in Contract Amendment : Good Company : Sheehan Phinney Bass + Green

But, that's in MA.
That's a completely unrelated issue.

In the case you linked to, one of the parties claimed a SUBSEQUENT written amendment to their contract.

That's not really controversial. The parties to a written contract can, of course, later agree to amend the contract by another writing. No one in that case is claiming that the "real" terms of the written contract are something different than what is written in the contract. (The reason they posted it on their website is it addresses an interesting issue of whether or not email exchanges can legally be a "writing" for purposes of a subsequent written amendment to a contract).

In our lease case, the OP would be claiming a prior "verbal agreement" (prior to signing the contract) that contradicts or supplements the written agreement. It's not a "subsequent amendment" case at all. A completely different legal scenario.

Last edited by McLovin; 06-13-2012 at 04:04 PM..
Old 06-13-2012, 03:59 PM
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