Indiana Code
Ind. Code § 26-1-2-208 (2026)
Repealed
✓ current as of May 2026
Formerly: Acts 1963, c.317, s.2-208. As amended by P.L.152-1986, SEC.127. Repealed by P.L.143-2007, SEC.78.
Notes of Decisions
Cited in 6
cases, 1992–2008 · leading case: Sam & Mac, Inc. v. Treat, 783 N.E.2d 760 (Ind. Ct. App. 2003).
Sam & Mac, Inc. v. Treat, 783 N.E.2d 760 (Ind. Ct. App. 2003). “§ 26-1-2-401(8)(b) passed to SMI when the contract for sale was modified by agreement and by custom and usage of trade under I.C. § 26-1-2-208 and I.C. § 26-1-2-209. Therefore, SMI argues that the trial court improperly granted summary judgment in favor of Treat because they…”
Todd Heller, Inc. v. Indiana Dep't of Transp., 819 N.E.2d 140 (Ind. Ct. App. 2004). “See also Ind.Code § 26-1-2-208(@2) ("The express terms of the agreement and any such course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other; but when such construction is unreasonable,…”
Noble Roman's, Inc. v. Pizza Boxes, Inc., 835 N.E.2d 1094 (Ind. Ct. App. 2005). “Indiana Code Section 26-1-2-208 provides in relevant part: Where the contract for sale involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted…”
Wildwood Indus., Inc. v. Genuine Mach. Design, Inc., 587 F. Supp. 2d 1035 (N.D. Ind. 2008). “Ind.Code 26-1-2-208 defines “course of performance”: 6 (1) Where the contract for sale involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted…”
Zemco Mfg., Inc. v. Navistar Int'l Transp. Corp., 186 F.3d 815 (7th Cir. 1999). “Indiana Code § 26-1-2-208(2) states: The express terms of the agreement and any such course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other; but when such construction is unreasonable,…”
Farm Equip. Store, Inc. v. White Farm Equip. Co., 596 N.E.2d 274 (Ind. Ct. App. 1992). “CODE § 26-1-2-208 and IND.CODE § 26-1-2-209, are cited in support of Farm Equipment's argument.”
— Ind. Code § 26-1-2-208(1) — 1 case
Farm Equip. Store, Inc. v. White Farm Equip. Co., 596 N.E.2d 274 (Ind. Ct. App. 1992). “CODE § 26-1-2-208 and IND.CODE § 26-1-2-209, are cited in support of Farm Equipment's argument.”
— Ind. Code § 26-1-2-208(2) — 2 cases
Zemco Mfg., Inc. v. Navistar Int'l Transp. Corp., 186 F.3d 815 (7th Cir. 1999). “Indiana Code § 26-1-2-208(2) states: The express terms of the agreement and any such course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other; but when such construction is unreasonable,…”
Todd Heller, Inc. v. Indiana Dep't of Transp., 819 N.E.2d 140 (Ind. Ct. App. 2004). “See also Ind.Code § 26-1-2-208(@2) ("The express terms of the agreement and any such course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other; but when such construction is unreasonable,…”
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