Breach of Contract: Sufficiency of Evidence for Prior Unwritten Agreement

A party that was sued for breach of contract and whose defense relied on proving the existence of a prior, unwritten agreement that suspended the contract's execution was denied by the court of appeal because the proof offered was insufficient to establish the alleged prior agreement, and this finding, based on the evaluation of the evidence presented, did not constitute an improper disregard of the law. The highest court upheld the lower court's decision, reasoning that the finding that the evidence failed to establish the existence of the alleged modifying agreement was a matter of factual assessment within the discretion of the trial court, and thus, there was no error in law to warrant reversal.