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

Mableton Contractors (defendant) contracted to purchase 'approximately 70,000 cubic yards' of concrete from Southern Concrete Services (plaintiff), with the contract also stating that no conditions not incorporated into the contract would be recognized; Mableton ultimately purchased only 12,542 cubic yards, the amount it actually needed for its project, and Southern sued for breach. At trial, Mableton sought to introduce trade-usage evidence under UCC Section 2-202, arguing industry custom treated such stated quantities merely as guidelines subject to renegotiation based on the buyer's actual needs.