SOUTHERN CONCRETE SERVICES, INC. V. MAPLETON CONTRACTORS, INC., 407 F.Supp. 581 (N.D. Ga. 1975) CASE BRIEF

SOUTHERN CONCRETE SERVICES, INC. V. MAPLETON CONTRACTORS, INC.

407 F.Supp. 581 (N.D. Ga. 1975)

NATURE OF THE CASE: This was a motion to admit parol evidence of custom and usage.

FACTS: Mapleton (D) agreed in writing to purchase 'approximately 70,000 cubic yards' of concrete from Southern (P). D used only 12,542 cubic yards. P sued for breach of contract. D defended that cause of action with evidence of the industry custom; such contracts always involved flexible quantities. P made a motion to exclude all parol evidence of custom and usage.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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