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Contracts Keyed to Summers
Mishara Construction Co. v. Transit-Mixed Concrete Corp.
Facts
Mishara Construction Company, Inc. (Plaintiff) was the general contractor for the construction of a housing project. In September 1966, Plaintiff entered a contract with Transit-Mixed Concrete Corp. (Defendant), under which Defendant agreed to supply Plaintiff with all its concrete for the project. Defendant was to make delivery upon request by Plaintiff. The parties performed under the contract until April 1967, when a labor dispute resulted in the formation of a picket line at the site of the project. The picket line remained until the project was completed in 1969. Throughout the period of the labor dispute, Plaintiff placed several orders of concrete. Defendant made no deliveries during this time. Plaintiff ultimately purchased concrete from another supplier and sued Defendant for damages. The trial court ruled in favor of Defendant. Plaintiff appealed, taking exception to the inclusion of evidence regarding the delivery difficulties caused by the picket lines, and the trial judge’s failure to instruct the jury that Defendant was required to deliver concrete regardless of the picket lines or labor difficulties.
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