400.2-208. Course of performance or practical construction. - Missouri Statutes

Course of performance or practical construction.

400.2-208. (1) Where the contract for sale involvesrepeated occasions for performance by either party with knowledgeof the nature of the performance and opportunity for objection toit by the other, any course of performance accepted or acquiescedin without objection shall be relevant to determine the meaningof the agreement.

(2) The express terms of the agreement and any such courseof performance, as well as any course of dealing and usage oftrade, shall be construed whenever reasonable as consistent witheach other; but when such construction is unreasonable, expressterms shall control course of performance and course ofperformance shall control both course of dealing and usage oftrade (section 400.1-205).

(3) Subject to the provisions of section 400.2-209 onmodification and waiver, such course of performance shall berelevant to show a waiver or modification of any terminconsistent with such course of performance.

(L. 1963 p. 503 § 2-208)