Scott v. Battle

Parol evidence was admissible to show additional terms in the parties' final agreement for the lease and sale of real property because defendant's written offer did not contain a merger clause.

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Plaintiff Lee Scott initiated this case by petitioning for a writ of possession, alleging that defendant Donald E. Battle, d/b/a Divine Faith Outreach Ministries also known as Divine Faith Ministries, failed to pay $36,000 in rent. Battle answered and counterclaimed, first for attorney fees and then for fraudulent inducement, unjust enrichment, breach of contract, conversion of personalty, and punitive damages, based on allegations that Scott misrepresented to Battle that the premises could be used in part as a day-care facility but that, after Battle spent $100,000 to clean and improve the property, Scott refused to cooperate and sign necessary documents to obtain a County permit and converted certain personalty left on the premises when Battle vacated.

By consent, a Writ of Possession was issued and the premises were returned to Scott, while issues of past due rent and those raised in the counterclaim were tried before a jury. The jury found for Battle against Scott on the claim for rent, and further found for Battle against Scott on the counterclaim, awarding Battle $75,000. In a special interrogatory, the jury found by clear and convincing evidence that Scott engaged in “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care raising the presumption of conscious indifference to the consequences,” and imposed punitive damages in the amount of $571,000. The trial court denied Scott’s motions for judgment notwithstanding the verdict and for new trial but reduced the punitive damage award to $250,000.

Scott v. Battle

Parol evidence was admissible to show additional terms in the parties' final agreement for the lease and sale of real property because defendant's written offer did not contain a merger clause.

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