Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 11

In order to construct, operate, and maintain a floodwater-retarding structure, the Lincoln County Conservation District purchased a written easement from Eddie Fowler and others. The easement permitted storing "any waters impounded, stored, or detained by such structure" (a lake). Fowler used the lake to water his cattle. A dozen years later, he noticed a greenish substance on the lake. When the district did nothing about it, and forty-six head of cattle died, Fowler sued for breach of contract. He alleged that the floodwater-retaining structure included the lake. There was evidence at trial that the lake could be a floodwater-retarding structure, but the district argued that in this case, it was just the dam. Fowler testified that in return for the easement, the district had orally promised to make a nice lake and "take care of it." Should this oral testimony be admitted?