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Mishara Construction Co. v. Transit-Mixed Concrete Corp.

Supreme Judicial Court of Massachusetts
310 N.E.2d 363 (1974)


Mishara Construction Company, Inc. (Mishara) (plaintiff) was the general contractor for the construction of a housing project. In September 1966, Mishara entered a contract with Transit-Mixed Concrete Corp. (Transit) (defendant), under which Transit agreed to supply Mishara with all its concrete for the project. Transit was to make delivery upon request by Mishara. 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, Mishara placed several orders of concrete. Transit made no deliveries during this time. Mishara ultimately purchased concrete from another supplier and sued Transit for damages. The trial court ruled in favor of Transit. Mishara 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 Transit was required to deliver concrete regardless of the picket lines or labor difficulties.

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