Next Generation Bar Exam Quiz
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CONTRACTS
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For the last three years, MetalWorks, Inc. has sold bolts to BuildRight Corp. under successive one-year contracts. Each year MetalWorks shipped 5% more bolts than the stated contract quantity and invoiced for the excess, and each year BuildRight paid the invoice but sent a letter saying it would not accept or pay for overshipments in the future. This year's contract states that MetalWorks will sell BuildRight 'exactly 10,000 bolts.' MetalWorks again shipped 10,500 bolts and billed for the excess, and BuildRight refused to pay for the 500 extra bolts.
Does MetalWorks have a course of dealing entitling it to payment for the 500 extra bolts?
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