Hield v. Thyberg

347 N.W.2d 503 (1984)

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Hield v. Thyberg

Minnesota Supreme Court
347 N.W.2d 503 (1984)

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  • Written by Sara Rhee, JD

Facts

On June 10, 1977, Willard R. Hield (plaintiff) sold his interest in a corporation to his partner, Edwin R. Thyberg (defendant). The parties executed an agreement (Assignment) that provided that Hield was transferring his interest in consideration for $15,000.00 from Thyberg. In January 1979, Hield brought suit against Thyberg. At trial, Hield sought to introduce parol evidence showing that Thyberg agreed to pay an additional $35,000.00 in the form of a promissory note, in addition to the $15,000.00 stated in the Assignment. Thyberg’s objection to the parol evidence was overruled. Hield testified that the parties had not listed the additional $35,000.00 as consideration in the Assignment because they did not want to prejudice a loan for which Thyberg intended to apply. The trial court ruled in favor of Hield and judgment was entered for $35,000.00 plus interest.

Rule of Law

Issue

Holding and Reasoning (Simonett, J.)

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Casebooks

Contracts

Key Terms

  • Parol-Evidence RuleA general rule that prohibits the introduction into a court of law of any written or oral evidence to vary or contradict the unambiguous terms of an integrated agreement.
  • Clear and Convincing EvidenceAn intermediate standard of proof, heavier than “preponderance of the evidence” but lighter than “beyond a reasonable doubt.” The clear-and-convincing-evidence standard requires the party with the burden to prove that what they are arguing is considerably more likely to be true than false.

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