Wis. Stat. » CHAPTER 402 — UNIFORM COMMERCIAL CODE — SALES
Wisconsin Statutes

Wis. Stat. § 402.202 (2026)

Final written expression: parol or extrinsic evidence

✓ current as of July 2026
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402.202402.202 Final written expression: parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:
402.202(1)(1) By course of dealing or usage of trade (s. 401.303) or by course of performance (s. 402.208);
402.202(2)(2) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
402.202 HistoryHistory: 2009 a. 320.
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1975–2024 · leading case: Prod. Credit Ass'n of Green Bay v. Rosner, 255 N.W.2d 79 (Wis. 1977).
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Prod. Credit Ass'n of Green Bay v. Rosner, 255 N.W.2d 79 (Wis. 1977). · cites it 4× “2d 9 (1967)), interpretation and application of the parol evidence rule are supported by sec. 402.202, Stats., Wisconsin's enactment of the Uniform Commercial Code parol evidence rule in sales transactions.”
Lakeside Bridge & Steel Co. v. Mountain State Constr. Co., 400 F. Supp. 273 (E.D. Wis. 1975). · cites it 6× “The Code’s parol evidence rule is codified in § 402.202 as follows: “402.202 Final written expression: parol or extrinsic evidence “Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties…”
Durkee v. Goodyear Tire & Rubber Co., 676 F. Supp. 189 (W.D. Wis. 1987). · cites it 2× “See also Wis. Stat. § 402.202 (Uniform Commercial Code, § 2-202).”
Malone v. Nissan Motor Corp. in U.S.A., 526 N.W.2d 841 (Wis. Ct. App. 1994). · cites it 2× “The parol evidence rule, § 402.202, Stats., provides: Final written expression: parol or extrinsic evidence.”
Volvo Cars of North Am., LLC v. United States, 571 F.3d 373 (4th Cir. 2009). “*379 Wis. Stat. § 402.202 (emphasis added). The official comment on this section explains the importance of § 402.”
Ma v. Cmty. Bank, 494 F. Supp. 252 (E.D. Wis. 1980). “§ 402.202. Each SCD, on its face, provided that the bank would pay Ma $10,000.”
Milwaukee Valve Co. v. Mishawaka Brass Mfg., Inc., 319 N.W.2d 885 (Wis. Ct. App. 1982). · cites it 2× “*170 Section 402.202, Stats., provides: Final written expression: parol or extrinsic evidence.”
Cousins Subs Sys., Inc. v. McKinney, 59 F. Supp. 2d 816 (E.D. Wis. 1999). · cites it 2× “) Finally, McKinney’s attempt to invoke alleged oral agreements to contradict the terms of the written agreements is barred by the parol evidence rule which is embodied in Wis.Stat. § 402.202. The parol evidence rule prohibits the use of oral agreements of the type McKinney…”
Cobb State Bank v. Nelson, 413 N.W.2d 644 (Wis. Ct. App. 1987). · cites it 3× “As to the first issue, in advocating the exclusion of Winter’s testimony under the parol evidence rule, Nelson relies upon sec. 402.202, Stats., and several cases from other jurisdictions decided thereunder.”
All. Laundry Sys., LLC v. Thyssenkrupp Materials, NA, 570 F. Supp. 2d 1061 (E.D. Wis. 2008). · cites it 2× “Wis. Stat. § 402.202 provides: 402.202 Final written expression; parol or extrinsic evidence.”
Lakeside Bridge & Steel Co. v. Mountain State Constr. Co., 446 F. Supp. 1163 (E.D. Wis. 1978). “The Court also denied plaintiff’s motion to dismiss, reasoning in part that while parol evidence is not admissible to vary or contradict the terms of a writing “intended *1165 by the parties as a final expression of their agreement” pursuant to § 402.”
Mar.-Ontario Freight Lines, Ltd. v. STI Holdings, Inc., 481 F. Supp. 2d 963 (W.D. Wis. 2007). · cites it 10× “2 According *970 ly, Wis. Stat. § 402.202 applies to this action.”
Show all 14 citing cases →
— Wis. Stat. § 402.202(2) — 1 case
Lakeside Bridge & Steel Co. v. Mountain State Constr. Co., 400 F. Supp. 273 (E.D. Wis. 1975). “The Code’s parol evidence rule is codified in § 402.202 as follows: “402.202 Final written expression: parol or extrinsic evidence “Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties…”
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