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Contracts Keyed to Scott
Southern Concrete Services, Inc. v. Mableton Contractors, Inc.
Facts
Mableton Contractors, Inc. (Defendant) contracted to purchase “approximately 70,000 cubic yards” of concrete from Southern Concrete Services, Inc. (Plaintiff). The contract stated, among other things, that “No conditions which are not incorporated in this contract will be recognized.” Defendant purchased only 12,542 cubic yards of concrete because that was all the concrete it needed for its construction project. Plaintiff sued for breach of contract. At trial, Defendant sought to introduce evidence of the custom of the trade under section 2-202 of the UCC arguing that quantities specified in contracts such as this are meant as guidelines and are understood to be subject to renegotiation depending on the buyer’s needs. Plaintiff argued that the evidence was inadmissible.
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