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Edascio LLC v. Nextiraone LLC

The parol evidence rule barred evidence that NextiraOne LLC agreed to assign Edascio LLC all of its GBS and Staples customer accounts with less than 200 ports. Houston?s 1st Court of Appeals, No. 01-07-00362-CV.

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OPINION

Appellant, Edascio, L.L.C. (“Edascio”), challenges the trial court’s entry of a judgment notwithstanding the verdict in favor of appellee, NextiraOne L.L.C. (“NextiraOne”), in Edascio’s suit against NextiraOne for breach of contract. In a single issue, Edascio contends that the trial court erred in rendering the judgment notwithstanding the verdict on the ground that “the profits that Edascio would have earned under a sales outsourcing agreement, but for NextiraOne’s breach of that very agreement, were ‘indirect, special, or consequential damages’ and thus barred under the limitation of liability clause in the contract.” In four cross-issues, NextiraOne contends that the parol evidence rule barred evidence of a purported oral agreement on which Edascio based its breach of contract claim, there was no evidence to support the jury’s damages award, the trial court impermissibly commented on the weight of the evidence in question one of the jury charge, and the trial court erred in submitting questions two and four of the jury charge.

We conclude that the parol evidence rule barred the introduction of the evidence on which Edascio based its breach of contract claim and on which the jury awarded Edascio damages and, thus, that the trial court did not err in granting NextiraOne judgment notwithstanding the verdict. We therefore affirm the trial court’s second corrected final judgment (“final judgment”) that Edascio take nothing by its suit against NextiraOne.

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