Question
On January 2, Wakanda Construction Company, a general contractor, executed a written contract with Iron Man Brick, Inc., a subcontractor.The contract relates to a major
On January 2, Wakanda Construction Company, a general contractor, executed a written contract with Iron Man Brick, Inc., a subcontractor.The contract relates to a major "strip mall" building project in Marveltown, and Wakanda faces a deadline of October 31 in its contract with The Mackie Consortium, L.L.C., the owners of the new mall.In the agreement between Wakanda and Iron Man, the parties stipulate that "time is of the essence" in terms of performance of the bricklaying work, and that the deadline for Iron Man's completion of the bricklaying work is July 15.There is also a "liquidated damages" clause in the contract between Wakanda and Iron Man, indicating that if the work is not completed by July 15, Iron Man will pay $2,000 in damages for every day the bricklaying is not completed beyond July 15.
Iron Man does not complete the bricklaying work by July 15.In fact, the project is not finished until August 30, and Wakanda now claims liquidated damages from Iron Man in the amount of $92,000 (representing 46 days beyond the July 15 deadline, multiplied by $2,000 per day.)Iron Man refuses to pay the $92,000, and Wakanda sues.
At trial, Iron Man's attorney seeks to introduce the following evidence:1) the testimony of Tony Stark, Iron Man's owner, who is willing to testify under oath that at the time of the signing of the contract, Wakanda's general manager,T'Challa said "Pay no attention to the July 15 deadline in the contract; if you need more time, all you have to do is ask;" and 2) a crumpled index card, purportedly in T'Challa's handwriting, indicating "no 'hard and fast' deadline on Iron Man brick work."
Should the trial court judge admit the foregoing evidence?
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