Fact Pattern 19-1BFruits & Vegetables, Inc., and Grover's Market enter into a contract for the delivery of locally grown produce. The parties use a standard Fruits & Vegetables form that contains some of the terms the parties agree on but not others. Some of the produce spoils before it can be sold. Grover's refuses to pay for the spoiled goods.Refer to Fact Pattern 19-1B. Fruits & Vegetables responds that it did not waive payment for spoiled produce in the parties' previous transaction. Fruits & Vegetables is arguing that the court should take into account

A. the course of dealing.
B. the course of performance.
C. the usage of trade.
D. a rule of construction.


Answer: A

Business

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