Brief Fact Summary. Plaintiff Watkins & Son agreed to excavate a cellar for Defendant Carrig, but Plaintiff encountered solid rock shortly after the work began. The parties then orally agreed that Plaintiff would remove the rock for a stipulated price.
Synopsis of Rule of Law. A contract changed to meet changes in circumstances and conditions is valid.
Facts. Plaintiff agreed by written contract to excavate a cellar for Defendant for a stated price. After Plaintiff began the work, solid rock was encountered. At Plaintiff’s insistence, the parties met and orally agreed that Plaintiff would remove the rock at a stipulated price. A referee determined that this oral agreement superseded the written contract.
Issue. Was the original written contract superseded by the subsequent oral agreement?