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Best Construction Co. v. Southland Construction Co.

Supreme Court of Southland
57 Sthld. 362 (2017)


Best Construction Company (Best) (plaintiff) was about to start a new job and found itself with insufficient concrete-form plywood. Best’s normal plywood supplier could not deliver a sufficient amount of plywood in time to complete the job. Other, local plywood suppliers could deliver enough plywood but charged $360 per thousand feet. Best’s regular supplier charged $290 per thousand feet. Rather than pay more for a timely delivery, Best contacted Southland Construction Company (Southland) (defendant), a local competitor. Southland had ample supply of plywood, and Best asked if it could borrow what it needed, and then simply restock Southland’s supply when Best received the delivery from its regular supplier. Southland agreed to this, its vice president stating that he was willing to help with the expectation that Best would help the next time Southland found itself in a similar situation. Subsequently, a plywood supply yard that needed a lot of plywood quickly offered Southland $352 per thousand feet for its surplus. Southland agreed, and as a result could not go through with the loan to Best. Best brought suit, claiming that Southland breached a contract the companies had formed. The trial court granted Best summary judgment. Southland appealed.

Rule of Law


Holding and Reasoning (Robquist, C.J.)

Concurrence (Kenthom, J.)

Dissent (Ohno, J.)

Dissent (O’Souter, J.)

Dissent (Kagamayor, J.)

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