DON PRUDHOMME RACING, INC., Plaintiff and Respondent, v. WYNN OIL COMPANY, Defendant and Appellant
Car racing company sued oil company for breach of contract after oil company terminated its sponsorship agreement with racing company. The Superior Court of San Diego County, No. GIN003370, Richard G. Cline, J., entered judgment for racing company, and oil company appealed. The Court of Appeal, Appellate Division, O'Rourke, J., held that: (1) oil company could raise for the first time on appeal argument that parol evidence was inconsistent with the terms of the integrated sponsorship agreement; (2) sponsorship agreement was only partially integrated with respect to personal appearance provision; and (3) extrinsic evidence of custom and usage was admissible