CASE PROBLEM WITH SAMPLE ANSWER: Parol Evidence. Clear Lakes
Trout Co. operates a fi sh hatchery in Idaho. Rodney and Carla Griffi th are
trout growers. Clear Lakes agreed to sell small trout to the Griffi ths, who
agreed to sell the trout back when they had grown to market size. At the
time, in the trade market size referred to fi sh approximating one-pound live
weight. The parties did business without a written agreement until September
1998, when they executed a contract with a six-year duration. The contract did
not defi ne market size. All went well until September 11, 200
CASE PROBLEM WITH SAMPLE ANSWER: Parol Evidence. Clear Lakes
Trout Co. operates a fi sh hatchery in Idaho. Rodney and Carla Griffi th are
trout growers. Clear Lakes agreed to sell small trout to the Griffi ths, who
agreed to sell the trout back when they had grown to market size. At the
time, in the trade market size referred to fi sh approximating one-pound live
weight. The parties did business without a written agreement until September
1998, when they executed a contract with a six-year duration. The contract did
not defi ne market size. All went well until September 11, 2001, after which
there was a demand for larger fi sh. Clear Lakes began taking deliveries later
and in smaller loads, leaving the Griffi ths with overcrowded ponds and other
problems. In 2003, the Griffi ths refused to accept more fi sh and fi led a
suit in an Idaho state court against Clear Lakes, alleging breach of contract.
Clear Lakes argued that there was no contract because the parties had different
interpretations of market size. Clear Lakes claimed that market size varied
according to whatever its customers demanded. The Griffi ths asserted that the
term referred to fi sh of about one-pound live weight. Is outside evidence
admissible to explain the terms of a contract? Are there any exceptions that
could apply in this case? If so, what is the likely result? Explain. [Griffi th
v. Clear Lakes Trout Co., 143 Idaho 733, 152 P.3d 604 (Idaho 2007)] To view a
sample answer for Problem 196, go to this books Web site at
www.cengage.com/blaw/clarkson, select Chapter 19, and click on Case Problem
with Sample Answer.
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