Paymaster Oil Mill Co. v. Mitchell

319 So.2d 652 (Miss. 1975)

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Nature of the Case

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Facts

Paymaster Oil Mill Co. (P) entered into a written contract with Mitchell (D) to purchase 4,000 bushels of soybeans at $3.11 per bushel after they were harvested. The contract confirmed that the price in the contract was pursuant to a conversation between Mitchell (P) and one of P's employees. Severe weather conditions caused crop failure and D could deliver only 1,835 bushels. P was forced to buy the balance of the beans it needed at $3.66 per bushel. P sued D for the difference in price. At trial, D was allowed to testify about his conversations with P's employee that determined the terms of the contract; D testified that he was to sell P his entire crop and the 4,000-bushel figure was only an estimated crop yield from his land. The court found that D's oral explanation was a consistent additional term to the contract and that the writing was not integrated. The trial court ruled in favor of D. P appealed.