In article ,
Ashton Crusher wrote:


It's going to depend on the facts of the case. Yes, they could lie
about having teh conversation but that wasn't what was discussed in
this case - I don't think anyone said anyone else was going to be
lying about whether an actual conversation took place. You have
introduced a new issue, the issue of "WAS" there a conversation. So
if the contractor says there was, and the owner says there wasn't you
have a different circumstance then when both agree there WAS a
conversation but disagree on what they believed was agreed to.
In any such case I am familiar with, if there is any kind of he said
controversy, the rule is that they default to what is on paper. I really
don't think a non-documented bit of discussion would hold much weight.
The judge should look at the documentation and rule based on the deed.
--
America is at that awkward stage. It's too late
to work within the system, but too early to shoot
the *******s."-- Claire Wolfe