-3- The relevant facts are taken from our opinion in Galedrige I, the parties' submissions, and the existing record. At the time the petition in this case was filed, petitioner's principal place of business was in Alviso, California. For convenience, we present a general background section and combine our findings of fact with our opinion under each separate issue heading. Background Petitioner is a corporation engaged in the business of asphalt paving and related services. In performing its contracts, petitioner took delivery of the materials directly from the asphalt supplier. Petitioner's driver picked up the asphalt and took it directly to the job site. The asphalt had to be laid within 2 to 5 hours from the time it was picked up from the plant, or it would become rock hard and have to be thrown away. Petitioner had no way to extend the time that asphalt is in an emulsified condition. Once the asphalt hardened, it could not be melted and reused, nor could it be returned for credit to the asphalt supplier. Petitioner generally worked on only one job at a time, lasting a week or less. When the job was finished, petitioner billed the customer and created an accounts receivable on its books. The asphalt company sent petitioner an invoice, usually due within 30 days, which petitioner paid only after it received payment from its customer. Petitioner keeps its books andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011