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American Carpet Sales, Inc. v. World Carpets, Inc.
Citations: 477 So. 2d 974; 42 U.C.C. Rep. Serv. (West) 1197; 1985 Ala. Civ. App. LEXIS 1341Docket: Civ. 4521
Court: Court of Civil Appeals of Alabama; September 25, 1985; Alabama; State Appellate Court
A seller initiated a lawsuit against a buyer for an unpaid amount related to a carpet sales contract, resulting in the trial court awarding the seller $9,902.13. The buyer appealed the decision, which was affirmed. Central to the dispute was the method and amount of credit the buyer was to receive for advertising costs, a point both parties acknowledged was included in their agreement. The trial court admitted testimony from Henry Edward Smith regarding industry customs related to advertising credits, which the buyer contested. The court ruled that industry customs could clarify ambiguities in contracts, particularly since the agreement was largely oral and insufficiently detailed in written communications. The court cited the Uniform Commercial Code (UCC), affirming that industry custom could supplement the parties' agreement. The buyer's argument regarding a lack of awareness of the custom was deemed irrelevant to the appeal, focusing instead on the admissibility of the testimony rather than its weight. Additionally, the court noted that evidence from another witness, Ray Hanks, further supported the industry custom, rendering any potential error regarding Smith's testimony as harmless. The decision of the trial court was thus upheld.