Morey

Stephen M. Morey (Morey) and the Morey Group appeal from a judgment entered on a jury verdict in favor of respondents Bay Cities Building Materials Co., Inc., (Bay Cities), Neilo Vannucci, Neil Vannucci, Nino Campagna, and William Monlux, on both appellants’ complaint for breach of a trucking contract (the contract) and respondent Bay Cities’ cross-complaint for declaratory relief as to the meaning of a key term used in the contract. Appellants contend the trial court erred in submitting to the jury the interpretation of the subject term as used in the contract and in refusing to give appellants’ requested jury instructions defining the term as a matter of law. We conclude the trial court was correct in submitting the interpretation of the contractual term to the jury as a disputed issue of fact on conflicting evidence extrinsic to the contract. We therefore affirm, the judgment.

I. Factual and Procedural Background

In 1963, appellant Morey’s grandfather founded Peninsula Building Materials. During the mid-1970’s, Morey worked for CAP Concrete (CAP), a subsidiary of Peninsula Building Materials that dealt in the ready-mix concrete business. Morey became owner and…