 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
 | Colin Blackburn Baron Blackburn - Sales - 1887 - 478 pages
...has been done upon the principle of presump" tion that, in such transactions, the parties did notmeap to express " in writing the whole of the contract...intended to " be bound, but a contract with reference to these known usages."] There is no rule of common law to prohibit the parties from making an agreement... | |
 | Frederick Pollock - Contracts - 1889 - 816 pages
...the express terms was or was not so inconsistent with the usage as to exclude the presumption 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 "(fc). In the present century there have been a great... | |
 | Edmund Powell - Evidence (Law) - 1892 - 836 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 "(M). " Mercantile contracts are very commonly framed... | |
 | Theophilus Parsons - Contracts - 1893 - 974 pages
...even to such words as those of number a sense entirely different from that which has been done npon the principle of presumption that in such transactions...a contract with reference to those known usages." Thus, a usage among printers and booksellers, that a printer, contracting to print a certain number... | |
 | John Davison Lawson - Contracts - 1893 - 676 pages
...clothed in technical language.3 And the principle on which such usages are admitted rests 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." 3 In Cooper v. Kane,* the plaintiff was the owner... | |
 | Wyndham Anstis Bewes - Waste - 1894 - 506 pages
...to which they are silent. The same rule has also been applied to contracts in other transactions in 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. . . . The common law does so little to prescribe... | |
 | Walter Charles Alan Ker - Commercial law - 1894 - 436 pages
...the contract respecting which the written instrument is silent " (a), the presumption being that " the parties did not mean to express in writing the whole of the contract, but a contract with reference to those known usages "(i). Evidence of trade usage is also admissible... | |
 | Sir William Reynell Anson - Agency (Law) - 1895 - 536 pages
...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 Hutton v. they intended to be bound, but to contract with reference to those known usages.' 4861 Ganson... | |
 | India, Tarapada Banerji - 1896 - 738 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...the contract by which they intended to be bound, but to contract with reference to those known usages." (e). In Field v. Lelean, 30 LJ Ex. 168, the contract... | |
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