| Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 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... | |
| Great Britain. Court of Exchequer, Robert Philip Tyrwhitt, Thomas Colpitts Granger - 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... | |
| Samuel March Phillipps - 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... | |
| Samuel March Phillipps - 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... | |
| Great Britain. Court of Exchequer, Charles James Gale - 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... | |
| Solomon Atkinson - 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... | |
| Joseph Chitty - 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... | |
| John William Smith - 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... | |
| Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 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... | |
| Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 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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