Fredericks

Here we hold that an admission by a party under Code of Civil Procedure section 203 3 is usually conclusive, but in certain cases the trial court has discretion to determine its scope and effect. (Milton v. Montgomery Ward & Co. Inc. (1973) 33 Cal.App.3d 133, 138 [ 108 Cal.Rptr. 726 ].)

Spero Kontos is the president of defendant Kontos Industries Incorporated (Kontos). Kontos appeals the judgment awarded Fredericks. We affirm.

Facts

Fredericks builds and operates movie theaters. Kontos provides interior furnishings for movie theaters. Fredericks was planning to build a theater in Buellton. In early March 1984, he met with Kontos to discuss using Kontos’s services to “outfit” the theater. During the discussions, Kontos suggested progress payments for the contract. Fredericks neither acceded nor objected to the suggestion. On March 6, 1984, Kontos sent Fredericks a revised offer to outfit the theater. Included with the offer was an itemized list of materials, the price for the job, an approximate shipping date and a proposed payment schedule. The letter in part stated: “Our normal financial terms are based on progressive payments, as follows:

Kontos also requested that…