- 13 - In Ban-Co Inv. Co. v. Loveless, 587 P.2d 567, 573 (Wash. Ct. App. 1978), the Washington Court of Appeals emphasized that to be admitted under the parol evidence rule, parol evidence should not vary or contradict that which has been reduced to writing but must be additional to and consistent with the contents of the document. The court stated: People have the right to make their agreements partly oral and partly in writing, or entirely oral or entirely in writing; and it is the court’s duty to ascertain from all relevant, extrinsic evidence, either oral or written, whether the entire agreement has been incorporated in the writing or not. That is a question of fact. [Id. at 572.] In this case, the disputed testimony was offered not to prove the circumstances under which the written leases were executed but rather to prove that the parties to the leases intended to include the Dobbe residence in the leases. Petitioners argued that the leases were not complete and that more property was covered by the lease agreements than was explicitly stated therein. Petitioners argued, in the alternative, that the testimony proves that petitioners agreed upon a “second oral lease” leasing the Dobbe residence to Holland America. Because the disputed testimony was offered, in part, to expand the scope of the leases in a manner inconsistent with and beyond that clearly stated therein, in violation of Washington State’s parol evidence rule, see Berg v. Hudesman, supra, wePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011