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. Grover's contends that the practice in the grocery trade with respect to payment for spoiled produce justifies its refusal to pay. Grover's 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: B
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