FINAL WRITTEN EXPRESSION — PAROL OR EXTRINSIC EVIDENCE.

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28-2-202. 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

(a) By course of performance, course of dealing, or usage of trade (section 28-1-303); and

(b) 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.

History:

[28-2-202, added 1967, ch. 161, sec. 2-202, p. 351; am. 2004, ch. 43, sec. 29, p. 152.]


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