Question
Airline Construction, Inc., made a written contract with a contractor, William Barr, to build a hotel within 240 calendar days. Barr completed the hotel, but
Airline Construction, Inc., made a written contract with a contractor, William Barr, to build a hotel within 240 calendar days. Barr completed the hotel, but was 57 days late in doing so. Airline Construction sued for damages for the delay, and Barr raised the defense that he only entered into the contract because Airline Construction had told him that he could have additional time in which to complete the hotel if he needed it.
At trial, Airline Construction objected to the admission of the oral agreement regarding the extra time. Should this evidence be admitted? Will Barr be required to pay damages to Airline Construction?
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