Pacific Gas and Electric Co. v. G. W. Thomas Drayage & Rigging Co.
| Pacific Gas and Electric Co. v. G. W. Thomas Drayage & Rigging Co. | |
| Court | Supreme Court of California |
|---|---|
| Citation | 69 Cal. 2d 33 |
| Date decided | |
Facts
Defendant agreed to work with the plaintiff to furnish him services and also agreed to work at his own risk and expense, and to indemnify the plaintiff against tall loss, damage, or expense resulting. The defendant stated that the intent of the contract was not to cover third party loss, although the language of the contract was plain.
Issues
Whether parole evidence may be brought where there is a dispute as to what the intended meaning of the contract was, although the language of the written contract seems clear.
Holding
Judgment reversed for the defendant.
Rules
Because the judge is a person and understands words differently than the parties, parole evidence may be allowed which offers evidence of trade usage terms when there is a dispute to the written contract.
