Dall v. Certified Sales, Inc.
United States District Court for the District of Connecticut
2011 WL 572387, 73 UCC Rep. Serv. 2d 622 (2011)
David Dall (plaintiff) purchased a boat at auction from Certified Sales, Inc. (Certified) (defendant). As part of the bidding process, Dall submitted a written bid form that stated that the boat was sold “as is,” stated that verbal agreements would not apply to the purchase, and disclaimed all warranties. When Certified delivered the boat to Dall, the boat had damaged engines. Dall filed a lawsuit against Certified, in part claiming that Certified fraudulently induced Dall to purchase the boat, and in part claiming that Certified breached its contract. Dall’s fraud claim was dismissed based on an expired statute of limitations. Dall’s breach-of-contract claim was based on Dall’s allegation that Certified made an oral warranty that the boat had “fresh engines.” A third party, Northern Insurance Co. (Northern) (defendant) filed a motion in limine to exclude any evidence of the alleged oral representations and argued that the parole-evidence rule prohibited that evidence because there was an integrated agreement, meaning a contract in which all the terms of the contract were included in the written contract.
Rule of Law
Holding and Reasoning (Martinez, J.)
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