Hield v. Thyberg

347 N.W.2d 503 (1984)

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Nature of the Case

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Facts

P sold his half interest in a corporation to D who just so happened to own the other half. A written document entitled 'Assignment,' provided for consideration of $15,000.00. P eventually sued D, alleging in his complaint that he had sold his corporate shares 'for a total consideration of $50,000, $ 15,000 cash at closing and $35,000 in a promissory note.' P alleged fraud against D. The case was tried to a jury. P was permitted to testify that D had agreed to pay an additional $35,000 for the corporate stock. D denied any such agreement. The trial court dismissed the fraud allegations but submitted the contract issue to the jury. P got the verdict for $35,000 plus 6% interest from June 10, 1977. D appealed. When the case was called for trial, the trial court denied D's motion to exclude parol evidence and allowed P's evidence to be received.