It has been long settled that in commercial transactions extrinsic evidence of custom and usage is admissible to annex incidents to written contracts in matters with respect to which they are silent. The same rule has also been applied to contracts in... The Theory and Practice of Conveyancing - Page 404by Solomon Atkinson - 1839Full view - About this book
| Judah Philip Benjamin - Les Salles-sur-Verdon (France) - 1920 - 1270 pages
...is allowed, as has been explained by Mr. Baron Parke in Hutton v. Warren (e), is that it is presumed that " in such transactions, the parties did not mean...a contract with reference to those known usages." After a contract has been proven by the production of a Parol written note or memorandum sufficient... | |
| Sir Mackenzie Dalzell Edwin Stewart Chalmers - Agency (Law) - 1920 - 272 pages
...admissible to annex incidents to written contracts in matters with respect to which they are silent . . . and this has been done upon the principle of presumption...parties did not mean to express in writing the whole of (g) Des Achats et Ventcs, ยง 226. (h) Modyv. Oregson(lS,6S), LB 4 Ex., at p. 53, Ex. Ch. ; approved,... | |
| William Charles Wermuth - Civil procedure - 1921 - 508 pages
...be shown.. The principle permitting the admissibility of proof of such usages is said to rest on the "presumption that in such transactions the parties...the contract by which they intended to be bound, but to contract with reference to those known usages."34 In addition to the above, proof of usage and custom... | |
| Lincoln Frederick Schaub, Nathan Isaacs - Commercial law - 1921 - 872 pages
...customary terms are an accustomed part of the class of agreement in question, it should be assumed that the parties did not mean to express in writing the...the contract by which they intended to be bound, but to contract with reference to those known usages. In other words, the writing is regarded as merely... | |
| William Meecham Bythewood - Landlord and tenant - 1923 - 312 pages
...respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established...the contract by which they intended to be bound, but to contract with reference to those known usages. Whether such a relaxation of the common law was wisely... | |
| Archibald Hall Throckmorton - Evidence (Law) - 1924 - 594 pages
...this language is used : "This evidence is admitted on the principle that the parties did not intend to express in writing the whole of the contract by which they were to be bound, but only to make their contract with reference to the known and established usages... | |
| Law reports, digests, etc - 1925 - 1106 pages
...of a usage which adds a term to a written contract is admissible on the principle that 'there is a presumption that in such transactions the parties...express in writing the whole of the contract by which (206 NYS) they intended to be bound, but to contract with reference to those known visages.' " See.... | |
| Banks and banking - 1852 - 826 pages
...respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established...a contract with reference to those known usages." RECENT CASES ON BANKING AND COMMERCIAL LAW. THE following cases, which have been recently decided,... | |
| Electronic journals - 1916 - 378 pages
...respect to which they are silent. The same rule has been applied to contracts in other transactions of life, in which known usages have been established...to be bound, but a contract with reference to those usages." It is submitted that these learned judges have suggested the proper solution of the problem.... | |
| Ohio. Supreme Court - Law reports, digests, etc - 1874 - 612 pages
...respect to which they are silent. The same rule has also been applied to contracts in other transactions of life in which known usages have been established...a contract with reference to those known usages." The like doctrine is held in Pennsylvania ; and it would seem lhat, in that state, no proof of local... | |
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