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Galmish v. Cicchini

Parole evidence rule did not bar plaintiff's evidence of circumstances leading to written agreement to show that defendant intended from beginning to prevent condition that would invoke promise to share contract proceeds; plaintiff did not rely on parole promise, but rather promise implied in contract that defendant would not stymie outcome.

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The full case caption appears at the end of this opinion.

On May 26, 1995, plaintiff-appellant, Mary Ann Galmish, filed a complaint in the Stark County Court of Common Pleas against her former husband, defendant-appellee, Guy Cicchini, claiming breach of contract, breach of the contractual duty of good faith and fair dealing, and fraud. The complaint centers on the terms of a written agreement that the parties executed on May 27, 1994, for the sale of property consisting of land and an office building located at 5560 Dressler Road in Jackson Township, Stark County (“the property”). Under the terms of the agreement, Cicchini agreed to purchase the property for $765,000 and to pay Galmish one-half of all net proceeds in excess of $765,000 “if said property is sold, transferred or conveyed to Developers Diversified [Realty Corporation] ["Developers"] or its agents, representatives, or assigns within one (1) year of the execution of this Agreement.” The gravamen of the complaint is that Cicchini intended from the outset to deprive Galmish of her share of the excess proceeds by delaying completion of the sale of the property to Developers beyond May 27, 1995.

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