Jason Thornock v. Pacificorp, an Oregon Company

Summary

The Wyoming Supreme Court affirmed summary judgment for PacifiCorp in a dispute concerning electric service to Jason Thornock's irrigation pivot. The court held that a second service contract, which contained an express supersession clause, replaced the parties' first contract because both agreements concerned providing electric service to the same pivot. The court also concluded that the contracts did not incorporate particular easements or establish that the second service arrangement was temporary.

Holdings

1. The second contract superseded the first because both contracts concerned the same subject matter—providing electric service to Thornock's irrigation pivot—and the second contract expressly replaced and superseded prior agreements concerning that subject matter.
2. Extrinsic evidence could not be used to add a temporary-service term or otherwise contradict the plain language of the unambiguous second contract.
3. The attached documents referring to the Esterholdt and Dayton Easements were not incorporated into the contracts because the contracts did not refer to or specifically incorporate them.

Questions Presented

1. Whether the second General Service Contract superseded the first contract under its express supersession clause.
2. Whether the parties' disagreement about the meaning of the contracts' subject matter created an ambiguity permitting consideration of extrinsic evidence.
3. Whether documents attached to the contracts concerning particular easements were incorporated into the contracts.

Disposition

affirmed