Dreier, J.c.c., Temporarily Assigned.
On or about February 13, 1973 plaintiff, a concrete supplier, contracted with defendant for the sale and delivery of concrete for use by defendant, a general contractor, at the "Smith Transport job" in Woodbridge, N.J. The initial contract terms were agreed to over the telephone. Mr. Krause, plaintiff's vice-president in charge of production, testified that he notified defendant's president, Donald B. Ludwig, of the price defendant would be charged per cubic yard of concrete, and further alerted defendant to the additional "usual" charges that would be imposed if warranted. With regard to these unspecified "usual" additional charges, plaintiff agreed that defendant would not be charged for "waiting time" if the time was not excessive. As to the price terms of the contract, both parties testified that it was agreed that prices for concrete given by plaintiff would be adhered to for the year.
The testimony of the parties also indicates that the deliveries ran through March 1974. The routine procedure was for defendant to call plaintiff and order a specified number of cubic yards of concrete and (after an initial strike period not now in dispute) such orders would then be delivered to defendant's job site in plaintiff's trucks. Defendant
was billed on the tenth, twentieth and thirtieth of each month by invoices, many of which were introduced at trial. Payments on account were made by defendant up to June 30, 1974, and thereafter by a single check dated July 22, 1974 in the amount of $1,943.84 on which was noted that plaintiff was "Paid in Full." Plaintiff claims that the sum of $1,368.61 is still due, itemized as follows:
Price Increases Effective 1/1/74 $389.58
Waiting Time Charges 563.86
Less than Truckload Charge 79.18
The sales tax, in the reduced amount of $139.50, was conceded by defendant to be due, and the amount was so stipulated by the parties. The court will ...