Flashcards Studio
Write, submit, and receive AI feedback with score breakdowns.
Question
A merchant grocer and a merchant farm entered a signed written contract for monthly deliveries of "Grade A apples, delivery to grocer's warehouse, $1.10 per pound." The writing did not contain a merger clause. Before signing, the farm orally promised to deliver only organic apples. The grocer also asserts that, in the regional apple trade, "Grade A" refers to apples packed in 40-pound boxes unless otherwise stated. For the first four months, the farm delivered 40-pound boxes to the warehouse, and the grocer accepted them without objection.
In month five, the farm delivered loose apples in bins and said that the writing did not require boxes. The grocer seeks to introduce evidence of the trade usage, prior similar contracts between the parties, the first four months of performance, and the prior oral organic-only promise.
Analyze the admissibility and effect of each item of evidence under UCC 2-202 and related UCC interpretation rules.