City Court, City of Geneva, New York
397 N.Y.S.2d 895 (1977)
George (plaintiff) agreed to purchase jewelry from Davoli (defendant) for $500. According to their written memorandum of sale, George could return the jewelry for a refund of $440 if it was not acceptable to him. The memorandum did not specify a time period in which the jewelry needed to be returned. After receiving the jewelry and deciding not to keep it, George sought to return it for a refund on the following Wednesday. Davoli refused to accept it and George sued. Davoli testified at trial that at the time of the written memorandum, the parties orally agreed that George would have until the following Monday to return the jewelry for a refund. George’s attempt to return the jewelry on the following Wednesday, therefore, was two days too late. After presentation of the evidence at trial, the court considered whether introduction of the oral agreement was permissible under the parol evidence rule.
Rule of Law
Holding and Reasoning (Brind, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.