Question

Both Allsopp Sand and Gravel (Allsopp) and Lincoln Sand and Gravel (Lincoln) were in the business of supplying sand to construction companies. In March, Lincoln’s sand dredge became inoperable. To continue in business, Lincoln negotiated a contract with Allsopp to purchase sand over the course of a year. The contract called for the sand to be loaded on Lincoln’s trucks during Allsopp’s regular operating season (March through November). Loading at other times was to be done by “special arrangement.” By the following November, ­Lincoln had taken delivery of one- quarter of the sand it had contracted for. At that point, Lincoln requested that several trucks of sand be loaded in December. Allsopp informed Lincoln that it would have to pay extra for this special arrangement. Lincoln refused to pay extra, pointing out that the sand was already stock-piled at Allsopp’s facilities. Allsopp also offered to sup-ply an employee to supervise the loading. Negotiations between the parties broke down, and Lincoln informed Allsopp that it did not intend to honor the remainder of the contract. Allsopp sued Lincoln. Is it commercially reasonable for Lincoln to demand delivery of sand during ­December? Has Lincoln acted ethically in this case? Allsopp Sand and Gravel v. Lincoln Sand and Gravel, 171 Ill. App. 3d 532, 525 N. E. 2d 1185, 1988 Ill. App. Lexis 939 (Appellate Court of Illinois)


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  • CreatedAugust 12, 2015
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