N.M. Stat. § 55-2-202

Current through 2024, ch. 69

Section 55-2-202 - Final written expression; parol or extrinsic evidence

Terms with respect to which the confirmatory memoranda of the parties agree or that are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:

(a) by course of performance, course of dealing or usage of trade (Section 55-1-303 NMSA 1978); and

(b) by evidence of consistent additional terms unless the court finds the record to have been intended also as a complete and exclusive statement of the terms of the agreement.

NMS § 55-2-202

1953 Comp., § 50A-2-202, enacted by Laws 1961, ch. 96, § 2-202; 2005, ch. 144, § 27.

Amended by 2023, c. 142,s. 8, eff. 1/1/2024.