 | Charles Abbott (Baron Tenterden) - 1856 - 996 Seiten
...discovering their real intention. The law presumes, in such cases, that they did not mean to commit to •writing the whole of the contract by which they intended to be bound, but to contract on the understanding that known usages (r) might be imported into their agreement to explain what its... | |
 | United States. Court of Claims - 1858 - 998 Seiten
...not receive additions from parol evidence. "The cases go on the principle of a presumption, that, in such transactions, the parties did not mean to express...contract by which they intended to be bound, but to make a contract in reference to these known usages." — (4 Phill. on Ev., C. & H.'s Note, 974, 1,456... | |
 | Edmund Powell - 1859 - 540 Seiten
...this has been done upon the principle of presumption that in such transactions the parties did net mean to express in writing the whole of the contract...bound, but to contract with reference to those known usages."1 "Mercantile contracts are very commonly framed in a language peculiar to merchants; the intention... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861 - 700 Seiten
...The cases go on the principle of a presumption that in such transactions, the parties did not intend to express in writing the whole of the contract by which they intended to be bound, but to make a contract in reference to these known usages." Per PAREE, Baron, in delivering the judgment of... | |
 | Theophilus Parsons - 1866 - 830 Seiten
...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...the contract by which they intended to be bound, but a contract with reference to those known usages." Thus, a usage among printers anil booksellers, that... | |
 | Simon Greenleaf - 1866 - 756 Seiten
...bought and sold notes.6 This evidence is admitted on the principle, that the parties did not intend to express in writing the whole of the contract by which they were to be bound, but only to make their contract with reference to the known and established usages... | |
 | Charles Abbott (Baron Tenterden) - 1867 - 1178 Seiten
...discovering their real intention (i) . The law presumes, in such cases, that they did not mean to commit to writing the whole of the contract by which they intended to be bound, but to contract on the understanding that known usages (k) might be imported into their agreement to explain what its... | |
 | Edmund Powell - 1869 - 786 Seiten
...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...to contract with reference to those known usages" (d). " Mercantile contracts are very commonly framed in a language peculiar to merchants ; the intention... | |
 | Great Britain. Courts - 1871 - 552 Seiten
...and this has been done upon the principle of presumption, that, in such transactions, the parties do not mean to express in writing the whole of the contract by which they intended to be bound, but a contract with reference to those known usages." So, in 2 Taylor on Evidence, § 1067, it is said... | |
 | John Hutton Balfour Browne - 1875 - 184 Seiten
...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...known usages (.?;). Whether such a relaxation of the strictness of the common law was wisely applied where formal instruments have been entered into, and... | |
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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... 
