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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... "
Principles of Law: Law in General; Personal Rights; Property; Wills; Contracts - Page 59
by International Correspondence Schools - 1903
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 1

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1837 - 824 pages
...opinion that this custom was, by implication, imported into the lease. It has long been settled, that, in commercial transactions, extrinsic evidence of...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...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 50

Great Britain. Court of Exchequer, Robert Philip Tyrwhitt, Thomas Colpitts Granger - Law reports, digests, etc - 1837 - 1230 pages
...implication, imported into the lease. 'ft lius long been settled, that in commercial transacWARREN. tions extrinsic evidence of custom and usage is admissible...contracts, in 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...
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A Treatise on the Law of Evidence

Samuel March Phillipps - Evidence (Law) - 1838 - 1358 pages
...transactions, extrinsic evidence of custom and usage is admissible, to annex incidents to written contracts, on matters with respect to which they are silent. The...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...
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A Treatise on the Law of Evidence, Part 2

Samuel March Phillipps - Evidence (Law) - 1838 - 586 pages
...in the writing, provided the custom be not inconsistent with it. (2) It has been long settled, that, in commercial transactions, extrinsic evidence of...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...
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Reports of Cases Argued and Determined in the Court of Exchequer ..., Volume 2

Great Britain. Court of Exchequer, Charles James Gale - Law reports, digests, etc - 1838 - 284 pages
...opinion that this custom was by implication imported into the lease. It has long been settled, that, in commercial transactions, extrinsic evidence of...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...
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The Theory and Practice of Conveyancing, Volume 1

Solomon Atkinson - Conveyancing - 1839 - 708 pages
...Warren, in the course ' 1 Mee. & of a judgment in which all the cases are very ably reviewed1, "that, in commercial transactions, extrinsic evidence of...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...
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A Practical Treatise on the Law of Contracts, Not Under Seal: And Upon the ...

Joseph Chitty - Contracts - 1841 - 1040 pages
...hundred. In Uutlon v. Warren, 1 Mee. & W. 475, Parke, B. observes, " It has long been settled, that, in commercial transactions, extrinsic evidence of...established and prevailed ; and this has been done upon the principle of presumption that, in such transactions, the parties did not mean to express in writing...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volume 1

John William Smith - Law reports, digests, etc - 1841 - 744 pages
...they are 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...
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Cases Argued and Determined in the Court of Common Pleas: With ..., Volume 2

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1842 - 1050 pages
...admissible, the tenant holding under the terms of a lease ; Parke B. said, " It has long been settled, that, in commercial transactions, extrinsic evidence of...been established and prevailed; and this has been upon the principle of presumption, that in such transactions the parties did not mean to express in...
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Cases Argued and Determined in the Court of Common Pleas: With ..., Volume 2

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1842 - 1056 pages
...admissible, the tenant holding under the terms of a lease ; Parke B. said, " It has long been settled, that, in commercial transactions, extrinsic evidence of...been established and prevailed; and this has been upon the principle of presumption, that in such transactions the parties did not mean to express in...
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