This section contains the nature of the case and procedural background.

Dennison (P) bought real property from Harden (D). P alleges that there was a warranty that there were 276 peach trees in a commercial orchard on the property. P alleged that the trees were scrub and were worthless and sought damages. P's evidence was that D had represented on two different occasions that there were 276 peach trees in a commercial orchard on the property and had agreed to certify their origin from the nursery company that had supplied them. Those documents were offered at trial, but the judge became convinced that the parol evidence rule applied and then granted a motion to strike that evidence and a judgment for dismissal. P appealed.

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