Southern Concrete Services, Inc. v. Mapleton Contractors, Inc.

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

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Nature of the Case

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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.