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Contracts Keyed to Fuller
Mishara Construction Co. v. Transit-Mixed Concrete Corp.
Citation:
310 N.E.2d 363 (1974)Facts
In September 1966, Mishara Construction Company contracted with Transit-Mixed Concrete Corp. to supply all concrete needed for the Rose Manor housing project at $13.25 per cubic yard, with deliveries to be made as required. Performance proceeded satisfactorily until April 1967, when a labor dispute disrupted work at the job site. Although work resumed in June 1967, a picket line remained at the site until the project’s completion in 1969. During this period, Transit-Mixed made very few deliveries despite Mishara’s frequent requests. After notifying Transit-Mixed, Mishara purchased concrete from alternative suppliers at higher prices and sued for the additional costs incurred plus expenses related to finding the alternate source.
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