Bernardus A. P. Dobbe and Klazina W. Dobbe - Page 13




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               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, we                






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