Gerdlund

Gerdlund v. Electronic Dispensers International

Good Law
190 Cal. App. 3d 263·1987 Cal. App. LEXIS 1498·235 Cal. Rptr. 279·2 I.E.R. Cas. (BNA) 120
Court of Appeal of CaliforniaMarch 16, 1987Docket Nos. H000734, H001058California4,359 words

Opinion

Opinion

Brauer, J.

Plaintiffs Leroy Gerdlund and Susan Gerdlund filed suit against Electronic Dispensers International (EDI) claiming that EDI breached a written agreement by terminating them as sales representatives without good cause. Prior to trial EDI brought an in limine motion seeking to exclude evidence of oral representations made by EDI to the Gerdlunds that they would not be terminated as long as they performed well. Following an evidentiary hearing, the court denied EDI’s motion and the matter proceeded to trial. A jury rendered a verdict in favor of the Gerdlunds and awarded them $287,573 in damages. On appeal EDI claims that the judgment must be reversed because the court erred in admitting parol evidence which contradicted the terms of the written contract. Our review of the cases interpreting the parol evidence rule leads us to the same conclusion. We therefore reverse the judgment.

The Gerdlunds have appealed separately from an order determining costs (Civ. No. H001058), contending that the trial court abused its discretion in setting the date from which to calculate prejudgment interest. On our own motion we have ordered consolidation of the two appeals. Our reversal of…

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