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ELLIOTT BAY SEAFOODS, INC. v. PORT OF SEATTLE

No. 52842-4-I.

98 P.3d 491 (2004)

ELLIOTT BAY SEAFOODS, INC., Appellant, v. The PORT OF SEATTLE, Respondent, ABC Corporations I-V, and John Does I-X, Defendants.

Court of Appeals of Washington, Division 1.

Publication Ordered August 25, 2004.

Attorney(s) appearing for the Case

William T. McKay, Luanne Perry, McKay Huffington PLLC, Seattle, for Appellant.

Katherine See Kennedy, Danielson Harrigan et al, Timothy George Leyh, Craig Richard Watson, Seattle, for Respondent.

While parol, extrinsic or collateral evidence may be heard to explain the context and intent of the parties in entering into a written contract, it will not be heard to modify, contradict, add to, or vary the terms of that written agreement. Here the written agreement is a lease between Elliot Bay Seafoods, Inc. (EBS) and the Port of Seattle for retail space at the Bell Street Pier (also known as Pier 66). The terms of the lease did not obligate the Port to develop the pier...

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