Question: In a contract drawn up by Booke Company, it agreed to sell and Yermack Contracting Company agreed to buy wood shingles at $6.50. After the
In a contract drawn up by Booke Company, it agreed to sell and Yermack Contracting Company agreed to buy wood shingles at $6.50. After the shingles were delivered and used, Booke Company billed Yermack Company at $6.50 per bunch of nine hundred shingles. Yermack Company refused to pay because it thought the contract meant $6.50 per thousand shingles. Booke Company brought action to recover on the basis of $6.50 per bunch. The evidence showed that there was no applicable custom or usage in the trade and that each party held its belief in good faith. Decision?
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Decision for Yermack Contracting Company In the absence of an applicable custom or trade usage the c... View full answer
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