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2 . Mountain Stream Trout, Inc., agreed to buy market size trout from trout grower Lake Farms, LLC . Their five - year contract did
Mountain Stream Trout, Inc., agreed to buy market size trout from trout grower Lake Farms, LLC Their fiveyear contract did not define market size. At the time, in the trade market size referred to fish of onepound live weight. After three years, Mountain Stream began taking fewer, smaller deliveries of larger fish, claiming that market size varied according to whatever its customers demanded. Lake Farms filed a suit for breach of contract.Is outside evidence admissible to explain market size? Yes. Under the UCC, in interpreting a commercial agreement, a court will assume that the usage ofbetween the parties was considered whenthe contract was formed. Also, the conduct that occurs under an agreement, the course of isthe best indication of what the parties meant. Here, theusage at the time of the contract indicated that market size referred to fish of onepound live weight. This was the standard for the course ofbetween the parties over the first threeyears of the contract.
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