Brief Fact Summary. Plaintiff Sherrodd, Inc. was a subcontractor on a project for which Defendant Morrison-Knudsen Co. was the general contractor. Plaintiff’s bid was based on a miscalculation. Allegedly, Plaintiff was told that compensation for the additional work would be provided.
Synopsis of Rule of Law. The fraud exception to the statute of frauds only applies where the fraud does not directly relate to the subject of the contract.
Held. Yes. Evidence of the verbal agreement was properly excluded.
Under the parol evidence rule, when an agreement is put into writing, evidence of terms outside of the written document is barred except where there is a claim of mistake or imperfection or the validity of the agreement is in question.
The Court recognizes that there is an exception to the parol evidence for fraud. However, the Court determines that the exception does not apply under these facts because the fraud directly relates to the subject of the contract. Because the alleged fraud contradicts the terms of the written contract, it is inadmissible under the parol evidence rule.
Dissent. The dissent is concerned that parties with greater bargaining power will not be held accountable for their fraud. The dissenting opinion expresses several reasons why it does not agree with the majority’s holding that the fraud exception does not apply when the fraud directly relates to the subject of the contract. One reason is that it rewards the fraudulent party creating injustice.
Discussion. In the present case, the Court does not allow Plaintiff to present extrinsic evidence of fraud because the evidence directly relates to the subject of the contract.