 | Sir Mackenzie Dalzell Edwin Stewart Chalmers - Commission merchants - 1899 - 264 pages
...(1878), 10 QBD 178, at p. 188. As regards explaining contracts by usage, Lord Wensleydale says : " In commercial transactions extrinsic evidence of custom...contracts in matters with respect to which they are silent . . . and this has been done upon the principle of presumption that, in such transactions, the parties... | |
 | Herbert Broom - Legal maxims - 1900 - 888 pages
...of annexing incidents to written contracts (/) in matters with respect to which they are silent, yet it has long been settled, that, in commercial transactions, extrinsic evidence of custom or usage is admissible for this purpose (/»)• The same rule has, moreover, been applied to contracts... | |
 | Edward Beal - Law - 1908 - 766 pages
...silent, provided HUC/I evidence is not repugnant, or incotusistenf with such instruments. " It has loug been settled that, in commercial transactions, extrinsic...matters with respect to which they are silent."— Hutton v. Warren (1836), 1 M. & W. 466, at p. 475; 5 LJ (NS) Ex. 2:54, at p. 236, Parke, B., delivering... | |
 | Thomas Gilbert Carver, Robert Alderson Wright Baron Wright - Bills of lading - 1909 - 1156 pages
...also it may add a term to the contract which the parties have not thought it necessary to express. " It has long been settled that, in commercial transactions,...they are silent. The same rule has also been applied in other transactions of life, in which known usages have been established and prevailed ; and this... | |
 | Colin Blackburn Baron Blackburn - Personal property - 1910 - 862 pages
...local customs and the usage of particular trades. Parke, B., said in Hutton v. Warren (a), in 1836 : " It has "long been settled, that in commercial transactions...in matters with respect to " which they are silent And this has been done upon " the principle of presumption that, in such transactions, the " parties... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1911 - 1078 pages
...SA'^L (BLACKBURN, J. : PARKE, B., delivering the judgment of the COURT in Hutton v. Warren (1), says, " It has long been settled, that, in commercial transactions,...matters with respect to which they are silent.") The contract, here, is not silent on the matter with respect to which the parol evidence was tendered.... | |
 | William Blake Odgers - Evidence (Law) - 1911 - 1120 pages
...trade, such a party was entitled to certain holidays (</). As was once said by PABKE, B. : — " Tt has long been settled that in commercial transactions...usage is admissible to annex incidents to written contract** in matters with respect to which they are silent. The same rule has also been applied to... | |
 | Samuel Williston - Contracts - 1920 - 1254 pages
...which the written contract is silent, is affected by a usage with which both parties are chargeable. "It has long been settled, that, in commercial transactions,...incidents to written contracts, in matters with respect to 35 Fleming v. King, 100 Ga. 449, 28 Pickering v. Weld, 159 Mass. 522, SE 239; Western Union Cold Storage... | |
 | Elizabeth Brandeis Raushenbush - Industrial relations - 1927 - 910 pages
...contracts: "It has long been settled that in commercial transactions extriusic evidence of custom and ixsage is admissible to annex* incidents to written contracts,...matters with respect to which they are silent. The same rulen has also been applied to contracts in other transactions of life in which kntnon 1 uswages have... | |
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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... 
