Ready Trucking, Inc. v. BP Exploration & Oil Co.
Georgia Court of Appeals
248 Ga. App. 701 (2001)
- Written by Haley Gintis, JD
Facts
Ready Trucking, Inc. (plaintiff) (Ready) entered into a contract with BP Exploration & Oil Company (BP) (defendant) to buy diesel fuel. The contract consisted of a total of 150 separate purchases over two years. For each purchase, BP issued separate invoices that did not include local taxes. The Georgia Department of Revenue learned that the local taxes had not been paid and penalized Ready. Ready sought reimbursement from BP on the ground that there was an understanding between Ready and BP that the invoice would include the taxes owed, and BP would pay the appropriate tax because such an agreement was common practice in the industry. BP refused to reimburse Ready. BP argued that the bottom of each invoice stated that the price listed did not include taxes and that the language in the invoice governed the parties’ understanding. During the trial, Ready’s president and office manager acknowledged that they had seen the invoice but did not pay attention to the tax information. The trial court entered summary judgment for BP, and Ready appealed.
Rule of Law
Issue
Holding and Reasoning (Pope, J.)
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