Liberty Combustion Co. v. Thoreson Sales Co., 322 F.2d 790 (5th Cir. 1963). · Go Syfert
Liberty Combustion Co. v. Thoreson Sales Co., 322 F.2d 790 (5th Cir. 1963). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Cited for
At page 791 holding that an appellant waived a parol evidence rule argument1 citing case1 citing court put it this way
Retrieving the full opinion text from the archive…
LIBERTY COMBUSTION COMPANY, Appellant,
v.
THORESON SALES COMPANY, Appellee
20078_1.
Court of Appeals for the Fifth Circuit.
Sep 24, 1963.
Published opinion
322 F.2d 790
1963 U.S. App. LEXIS 4141
Wm. Madden Hill, Ungerman, Hill, Ungerman & Angrist, Dallas, Tex., for appellant., William N. Hamilton, Henry D. Akin, Jr., Akin, Vial, Hamilton, Koch & Tubb, Dallas, Tex., for appellee.
Cameron, Brown, Whitehurst.
Cited by 1 opinion  |  Published
PER CURIAM.

The issue in this diversity case, tried before the District Judge sitting without a jury, turns on the true meaning of an admittedly parol agreement wherein the seller (Liberty, appellant) agreed that it would allow the buyer (Thoreson, appellee) to “reship” any merchandise which the buyer could not dispose of. The court below rejected seller-appellant’s contention that “reshipping” would be available only if the seller were able to place the goods in other markets. The findings of the court below are not clearly erroneous. Appellant may not rely upon the parol evidence rule. By first placing oral testimony concerning the issue before the court, appellant waived any right it had to rely on that rule, assuming it were applicable in the circumstances.

The judgment appealed from is affirmed.