Cole v. JNO. M. Oakey, Inc.

Traci Lynn Cole (plaintiff) entered into a contract with JNO. M. Oakey, Inc. (Oakey) (defendant), a company that provided cremation and funeral services. The contract obligated Oakey to provide cremation services for the remains of Traci Lynn’s husband. The contract specified that the cremated remains should be returned to Carolyn Cunningham, a friend of Traci Lynn’s, or Jessica Cole, Traci Lynn’s stepdaughter. Traci Lynn allegedly had a conversation with Oakey employees about her desire for the return of her husband’s cremated remains. However, two urns containing all of the cremated remains were returned to Jessica, who refused to give Traci Lynn any of the remains. Traci Lynn filed a complaint against Oakey, asserting that Oakey had violated the contract by returning both urns to Jessica. Traci Lynn argued that, based on the contract and the discussion she had with Oakey employees, one urn was to be given to Cunningham and the other was to be given to Jessica. Traci Lynn argued that the partial-integration doctrine applied because the contract, which did not specify how many urns each person should receive, was incomplete. Therefore, Traci Lynn argued, the evidence of her conversation with Oakey employees should be considered. Oakey filed a demurrer, arguing that the parol-evidence rule precluded consideration of evidence of Traci Lynn’s conversation with Oakey employees to supply terms of the contract.