Arch Wood Protection, Inc. v. Flamedxx, LLC

932 F. Supp. 2d 858 (2013)

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Arch Wood Protection, Inc. v. Flamedxx, LLC

United States District Court for the Eastern District of Tennessee
932 F. Supp. 2d 858 (2013)

Facts

Arch Wood Protection, Inc. (Arch Wood) (plaintiff) entered into a contract with Flamedxx, LLC (defendant). During contract negotiations, Flamedxx made an oral promise that it intended to abide by the threshold-service level that the written contract would specify. The subsequent written contract specified the threshold-service level but did not contain any language declaring either that Flamedxx agreed to abide by the threshold-service level or that required Flamedxx to do so. Flamedxx failed to abide by the threshold-service level, maintaining that it was not required to do so under the terms of the contract. Arch Wood brought suit against Flamedxx for promissory fraud, and Flamedxx moved to dismiss for failure to state a claim, arguing that the contract’s language did not contain any requirement or agreement that Flamedxx abide by the threshold-service level, and that the parol-evidence rule prohibited the consideration of any evidence extrinsic to the contract.

Rule of Law

Issue

Holding and Reasoning (Collier, J.)

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