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Vandenberg v. Raichle Molitor U.S.A.

3/5/2003

e program. We find no error. Under any theory -- that the evidence was irrelevant and thus never reached the first stage of parol evidence analysis, that the evidence did not demonstrate a meaning of which the agreement was "reasonably susceptible," or that the parol evidence, even if admissible, did not support the contractual construction Vandenberg urged -- the judgment is correct. We note in passing that this is a dispute solely over some $7,000 in attorney fees Fast Lane incurred in the Yauchzee action, and yet it has generated two trials and two appeals. The entire tempest in a teapot could have been avoided if Vandenberg had simply told Raichle at the outset that Yauchzee's boot sole length fell into the 291-310 millimeter range on Tyrolia's binding adjustment chart. Let enough be enough.


The judgment is affirmed. Raichle to recover costs on appeal.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS


We concur:


Ramirez, P.J.


Hollenhorst, J.






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