 | Great Britain. Court of Exchequer, Charles James Gale - Law reports, digests, etc - 1838 - 284 pages
...excluded him from this claim. Upon the first point, we think that the plaintiff must be taken, in the absence of evidence to the contrary, to have held...admissible to annex incidents to written contracts, on matters with respect to which they are silent. The same rule has also been applied to contracts... | |
 | Samuel March Phillipps - Evidence (Law) - 1838 - 586 pages
...custom be made in the writing, provided the custom be not inconsistent with it. (2) It has been long settled, that, in commercial transactions, extrinsic...admissible, to annex incidents to written contracts, on matters with respect to which they are silent. The same rule has also been applied to contracts... | |
 | Solomon Atkinson - Conveyancing - 1839 - 708 pages
...Hutton v. Warren, in the course ' 1 Mee. & of a judgment in which all the cases are very ably reviewed1, "that, in commercial transactions, extrinsic evidence...admissible, to annex incidents to written contracts, on matters with respect to which they are silent. The same rule has been applied to contracts in other... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1842 - 830 pages
...in reference to an agricultural lease, Parke, B., in delivering the judgment of the court, said : " It has long been settled, that, in commercial transactions,...respect to which they are silent. The same rule has also 1841. been applied to contracts in other transactions of life, in which known usages have been established... | |
 | John Smith Furlong - Landlord and tenant - 1845 - 830 pages
...duration. 7. It has long been settled, that extrinsic evidence of custom and usage is admissible(c) to annex incidents to written contracts, in matters with respect to which they are silent, upon the presumption that the parties did not mean to express in writing the whole of the agreement... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...applied (ยป). Evidence of However, it has long been settled, that, in commercial cu&tom and t , UMge- transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts(o) in matters with respect to which they are silent. The same rule has also been applied... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1847 - 612 pages
...v. Warren, 1 M. & W. 475, PARKE, B., in delivering the judgment of the court of Exchequer, says : " It has long been settled, that, in commercial transactions,...to annex incidents to written contracts, in matters r*4oi with respect to which they are silent. The same rule has also been applied to contracts in other... | |
 | Georgia. Supreme Court - Equity - 1848 - 712 pages
...to be bound, but a contract with reference to known usage and custom. Evidence of custom and usat;e is admissible to annex incidents to written contracts, in matters with respect to which the contract is silent. 1 NewLilrary, Law (if Eq., 144, 145. We insist upon a reversal of the judgment... | |
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The same rule has also been applied to contracts in other transactions of life in which known usages have been established and prevailed. And this has been done upon the principle of presumption, that in such transactions the parties did not mean to express... 
