Case Caption: Nashville Phillip v. Wilma Marsh-MonsantoCase Number: S. Ct. Civ. No. 2015-0040Date: 05/30/2017Author: Cabret, Maria M. Citation: Summary:

Considering an appeal from the Superior Court's May 8, 2015 judgment awarding the appellee $16,320.84 under a 2011 contract of sale for real property in St. Thomas, the Superior Court erred in interpreting and applying the appellee's pleadings in this case, and erred in awarding her damages under an alleged separate "gentleman's agreement" to pay more money for the property, which-as a matter of law-was unenforceable in light of the merger language of the operative sales contract, making the entire agreement unenforceable between the parties. The Superior Court accordingly erred in denying the appellant's motion for judgment on partial findings because it misconstrued the appellee's pleadings under the second contract and because the appellee's pleaded promissory note is unenforceable under the clear and unambiguous language of the second contract. Therefore, the Superior Court's May 8, 2015 judgment awarding appellee $16,320.84 under the second contract is vacated and the case is remanded for further proceedings, with directions that the Superior Court dismiss appellee's complaint with prejudice.

Attachment: Open Document or Opinion