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Contracts Keyed to Summers
Gold Kist, Inc. v. Carr
Facts
In August 1986, Edward C. Carr (Plaintiff) began negotiating for the purchase of trucks and hauling equipment from Gold Kist, Inc. (Defendant). The initial agreement between the parties provided that Plaintiff would have the exclusive right to haul peanuts for Defendant in Texas. However, Defendant’s corporate office objected to granting Plaintiff exclusive hauling rights. The parties thereafter entered a written agreement providing that Defendant was under no obligation to engage Plaintiff to haul peanuts. Before signing the contract, Plaintiff questioned this provision. A Defendant manager explained that it meant Defendant would not use Plaintiff’s hauling services if he failed to meet Defendant’s expectations. Plaintiff signed the contract upon receiving this explanation. Plaintiff later sued for breach of contract, arguing he was entitled to exclusive hauling rights. The trial court found in favor of Plaintiff.
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