we want to encourage people to get information and to exploit it so that there's not mistake.
however, price is more effective as a determinative than expertise.
price as evidence of mistake:
boise case - mistake, the bid had mistake where price might be evidence of mistake. a party is entitled to recission due to a unilateral mistake.
lenawee county case - parties inserted an "as is" clause
ayer v. western union - where price is evidence of a mistake paradigm: the price was stated correctly but the telegraph incorrectly transmitted the information (cross reference to hadley)
if price is not a factor, then the court will look at the relative information positions of the parties.
parole evidence rule additional information that could shed light on the agreement between the parties is extrinsic to the written contract.
the question is whether or not the additional material is admissible.
can the lath's promise to remove the lunn's ice house be enforced against the written contract formed with the mitchill?
pacific gas v. drayage traynor's opinion is not how this material is usually handled
confold v. polaris (interesting secondary read, "who owns your future business?")
confold brings forth the issue with extrinsic evidence raising ambiguity to meaning
frigiliament v. bns (fresh chicken case)
in re katrina (interesting blog article about the 5th circuit and katrina insurance)
see notes p. 688 - the hierarchy of interpretation rules eyal zamir, the inverted hierarchy of contract interpretation and supplementation, 97 Colum. L. Rev. 1710, 1718-19(1997)
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