Question: On January 2 , Mega Construction Company, a general contractor, executed a written contract with Bob Brick, Inc., a subcontractor. The contract relates to a

On January 2, Mega Construction Company, a general contractor, executed a written contract with Bob Brick, Inc., a subcontractor. The contract relates to a major strip mall building project in Plano, and Mega faces a deadline of October 31 in its contract with The Jones Consortium, L.L.C., the owners of the new mall. In the agreement between Mega and Bob Brick, the parties stipulate that time is of the essence in terms of performance of the bricklaying work and that the deadline for Bob Bricks completion of the bricklaying work is July 15. There is also a liquidated damages clause in the contract between Mega and Bob Brick, indicating that, if the work is not completed by July 15, Bob Brick will pay $2,000 in damages for every day the bricklaying is not completed beyond July 15.
Bob Brick does not complete the bricklaying work by July 15. In fact, the project is not finished until August 30, and Mega now claims liquidated damages from Bob Brick in the amount of $92,000(representing 46 days beyond the July 15 deadline, multiplied by $2,000 per day.) Bob Brick refuses to pay the $92,000, and Mega sues.
At trial, Bob Bricks attorney seeks to introduce the following evidence: 1) the testimony of Bob, Bob Bricks owner, who is willing to testify under oath that at the time of the signing of the contract, Megas general manager, Mary Monroe, said, Pay no attention to the July 15 deadline in the contract; if you need more time, all you have to do is ask; and 2) a crumpled index card, purportedly in Marys handwriting, indicating no hard and fast deadline on Bob Brick's brick work.
Should the trial court judge admit the index card and Bob's testimony? Why or why not?

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