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" It has long been 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 Exchequer Reports: Reports of Cases Argued and Determined in the Courts ... - Σελίδα 112
των Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1849
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Τόμος 50

Great Britain. Court of Exchequer, Robert Philip Tyrwhitt, Thomas Colpitts Granger - 1837 - 1230 σελίδες
...matters with respect to which they are silent (a). The same rule has been also applied to contracts in other transactions of life, in which known usages...did not mean to express in writing 'the whole, of pe contract by which they intended to be bound, but to contract with reference to those known .usages,....

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Τόμος 1

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1837 - 824 σελίδες
...in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages...established and prevailed ; and this has been done upon t lie principle of presumption that, in such transactions, the parties did not mean to express in writing...

Reports of Cases Argued and Determined in the Court of Exchequer ..., Τόμος 2

Great Britain. Court of Exchequer, Charles James Gale - 1838 - 284 σελίδες
...on matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages...intended to be bound : but a contract, with reference to these known usages, —whether such a relaxation of the strictness of the common law was wisely applied,...

A Treatise on the Law of Evidence

Samuel March Phillipps - 1838 - 1358 σελίδες
...of life, in which known usages have been established ; and this has been done on the principle of a presumption, that in such transactions, the parties...contract, by which they intended to be bound, but to make a contract with reference to these known usages. (3) This rule with respect to leases is now...

A Treatise on the Law of Evidence, Μέρος 2

Samuel March Phillipps - 1838 - 586 σελίδες
...on matters with 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; and this has been done on the principle of a presumption, that in such transactions, the parties did not...

The Theory and Practice of Conveyancing, Τόμος 1

Solomon Atkinson - 1839 - 708 σελίδες
...with respect to which they are silent. The same rule has been applied to contracts in other relations of life, in which known usages have been established...but a contract with reference to those known usages. Whether such a relaxation of the strictness of the common law was wisely applied, where formal instruments...

A Practical Treatise on the Law of Contracts, Not Under Seal: And Upon the ...

Joseph Chitty - 1841 - 1040 σελίδες
...in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages...but a contract with reference to those known usages. Whether such a relaxation of the strictness of the common law was wisely applied, where formal instruments...

A Selection of Leading Cases on Various Branches of the Law: With Notes, Τόμος 1

John William Smith - 1841 - 744 σελίδες
...silent. 1st. In contracts between landlord and tenant. 2nd. In commercial contracts. 3rd. In contracts in other transactions of life, in which known usages have been established and prevailed. But that such evidence is only receivable when the incident which it is sought to import into the contract...

The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Τόμος 2

Archibald John Stephens - 1842 - 1072 σελίδες
...with tm v. Warren. respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages...but a contract with reference to those known usages. Whether such a relaxation of the strictness of the common law was wisely applied, where formal instruments...

Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1842 - 830 σελίδες
...matters with 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...a contract with reference to those known usages." So, here, no violence will be done to the written contract in assuming that the parties did not intend...




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