INDIAN HARBOR CITRUS, INC. v. POPPELL

No. 93-3283.

658 So.2d 605 (1995)

INDIAN HARBOR CITRUS, INC., Appellant, v. L. Ralph POPPELL, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied August 30, 1995.


Attorney(s) appearing for the Case

Harold G. Melville of Melville & Fowler, P.A., Fort Pierce, for appellant.

George H. Moss and Lisa D. Harpring of Moss, Henderson, VanGaasbeck, Blanton & Koval, P.A., Vero Beach, for appellee.


Rehearing and Rehearing En Banc Denied August 30, 1995.

WARNER, Judge.

In this appeal we address whether the UCC obligation of "good faith," custom and usage, or course of dealing may be applied to a contract to vary the time of performance. We hold that when the contract is clear and unambiguous, the contract terms may not be varied by resort to those concepts. Therefore, the trial court should have granted a directed verdict for the appellant, and we reverse...

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