What should the judge do about the evidence introduced in court?

Question

My friend Anne orally agreed to buy Johns house, including all furniture for $150,000. John wrote up a contract of sale that they both signed. The written agreement read, in part, Anne agrees to purchase and John agrees to sell Johns house for $150,000. The contract had many other terms, but it made no mention of furniture. Before Anne closed and moved in, John removed all the furniture. Anne sued John for breach of contract and, in court, began to explain about the original oral agreement that stated that furniture was included in the sale price. What should the judge do with this evidence Anne is introducing in court and why

Answer 1

Well... then it becomes he said she said... without proof of the oral agreement... he will probably stick with the written one... Sorry to Anne... she should have included it in the written one. Hope she learns from her mistake.

Answer 2

Without trying to sort out the specific case, I would have to say that the JUDGE is the best judge of what evidence is admissible. The jurors are not usually trained in law, and the lawyers are not impartial.

As for the specific case, it seems to this layperson that unless the furniture is explicitly mentioned in the contract or there are at least impartial witnesses to any oral commitment on John's part, Anne has bought an empty house.

Answer 3

Do like Judge Marilyn on the People's Court. Say to Anne, "Watch this," then turn to John and ask, "Did you agree to include the furniture in the sale?", and when John says no, tell Anne that her oral agreement is worth the paper it's printed on.

Your friend should've been smarter than that, and don't blame the judge.

Answer 4

If the contract doesnt say anything about the furniture then it is anne's fault because she should have read over the contract...what is her evidence besides words...He has a contract stating the price of 150,000 for a house and no furniture.

Answer 5

The judge should consider it for what it's worth--like the other posters say, it's she said, he said. Her only salvation may be to produce a witness who heard the verbal agreement. Otherwise, the signed agreement is binding, and Anne is not entitled to the furniture.

Answer 6

Parole evidence rule. Look it up.

Answer 7

do your own home work,.....