Southern Concrete Services, Inc. v. Mableton Contractors, Inc.
United States District Court for the Northern District of Georgia
407 F. Supp. 581 (N.D. Ga. 1975)
Mableton Contractors, Inc. (Mableton) (defendant) contracted to purchase “approximately 70,000 cubic yards” of concrete from Southern Concrete Services, Inc. (Southern) (plaintiff). The contract stated, among other things, that “No conditions which are not incorporated in this contract will be recognized.” Mableton purchased only 12,542 cubic yards of concrete because that was all the concrete it needed for its construction project. Southern brought suit for breach of contract. At trial, Mableton sought to introduce evidence of the custom of the trade under section 2-202 of the Uniform Commercial Code (UCC), arguing that quantities specified in contracts such as this are meant as guidelines and are understood to be subject to renegotiation depending on the buyer’s needs. Southern argued that the evidence was inadmissible.
Rule of Law
Holding and Reasoning (Edenfield, C.J.)
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