Next Generation Bar Exam Quiz
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CONTRACTS
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A steel buyer and a steel seller signed a written contract for '200 short tons of grade A36 I-beams.' The contract was final but did not contain a merger clause. In the regional steel trade, the term 'short ton' is sometimes used to mean a metric ton (2,204.6 pounds). The seller delivered 200 metric tons, and the buyer sued. The seller offers the trade usage to show that 'short ton' meant metric ton.
Is the trade-usage evidence admissible to explain the contract?
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