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Contracts Keyed to Summers
De Los Santos v. Great Western Sugar Company
Facts
In October 1980, De Los Santos (Plaintiff), entered into a contract with Great Western Sugar Company (Defendant). The contract provided that Plaintiff would transport in his trucks “such tonnage of beets as may be loaded” by Defendant between October 1, 1980, to February 15, 1981. Plaintiff would be compensated based on the amount of beets he transported. At the time the contract was made, Plaintiff was aware that he was not the only trucker hired by Defendant to transport beets. In December 1980, Defendant told Plaintiff that his services were no longer needed. Plaintiff sued Defendant, arguing that he was entitled to continue to haul beets until all of Defendant’s beets had been transported. The trial court granted Defendant summary judgment.
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