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Remedies Keyed to Tabb, 8th
H. Russell Taylor’s Fire Prevention Service, Inc. v. Coca Cola Bottling Corporation
Citation:
99 Cal. App. 3d 711 (1979)Facts
In 1957, Coca Cola and Taylor entered into an oral agreement whereby Taylor would periodically supply carbon dioxide-filled cylinders to Coca Cola’s Bakersfield bottling plant for use as fire extinguishers at sixteen cents per pound. The parties agreed that Coca Cola would pay a one-dollar service charge per tank filled in lieu of demurrage charges. Taylor made deliveries pursuant to this agreement until September 23, 1971, when the business relationship terminated. Within ninety days, Taylor demanded return of several hundred cylinders in Coca Cola’s possession. While Coca Cola returned many cylinders, 246 remained missing at trial. Taylor’s accounts receivable ledger showed a zero balance as of January 31, 1972, but Taylor subsequently sent statements claiming demurrage charges totaling $12,436.08 through July 1975. Taylor filed suit on June 4, 1975, more than three years after the September 1971 demand.
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