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American Sand & Gravel Inc. agreed to sell sand to Clark at a special discount if 20,000-25,000 tons were ordered. The discount price was 45¢ per ton, compared to the normal price of 55¢ per ton. Two years later, Clark orders, and receives, 1,600 tons of sand from American Sand & Gravel. Clark refuses to pay more then 45¢ per ton. American Sand & Gravel sues for the remaining 10¢ per ton.

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