A Treatise On the Construction Or Interpretation of Commercial And Trade Contracts
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1 68 EXPLANATORY PAROL EVIDENCE. [§ llj.
the parties were aware of its existence as conclusive.
And if a custom is found to be general and notorious, and to have the other requisites of a valid custom, it is a conclusion of law that the parties must have contracted with reference to it, and their knowledge is conclusively presumed.^ In such cases, therefore, it is not necessary to show actual knowledge or facts which will justify a finding by the jury that there was actual knowledge,^ 1 Parsons... on Cont., vol. II, p. 545, note q. See Walls v. Bailey, 49 N. Y.
464; supra, n. i, p. 166 ; opinion Folger, J., at page 473, where it is suggested that a different rule from that applied in that case would obtain if the contract construed were made between parties in the same trade. Duer on Insurance, vol. I, p. 180; Robinson v. MoUett, L. R. 7 H. L. 802.
2 " Where, in a mercantile contract, words are used capable of more than one interpretation, they must be interpreted according to the meaning which mercantile men of knowledge and experience would fix upon them.
What to read after A Treatise On the Construction Or Interpretation of Commercial And Trade Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Jones, Dwight Arven, 1854-1913 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
1 68 EXPLANATORY PAROL EVIDENCE. [§ llj.
the parties were aware of its existence as conclusive.
And if a custom is found to be general and notorious, and to have the other requisites of a valid custom, it is a conclusion of law that the parties must have contracted with reference to it, and their knowledge is conclusively presumed.^ In such cases, therefore, it is not necessary to show actual knowledge or facts which will justify a finding by the jury that there was actual knowledge,^ 1 Parsons... on Cont., vol. II, p. 545, note q. See Walls v. Bailey, 49 N. Y.
464; supra, n. i, p. 166 ; opinion Folger, J., at page 473, where it is suggested that a different rule from that applied in that case would obtain if the contract construed were made between parties in the same trade. Duer on Insurance, vol. I, p. 180; Robinson v. MoUett, L. R. 7 H. L. 802.
2 " Where, in a mercantile contract, words are used capable of more than one interpretation, they must be interpreted according to the meaning which mercantile men of knowledge and experience would fix upon them.
What to read after A Treatise On the Construction Or Interpretation of Commercial And Trade Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Jones, Dwight Arven, 1854-1913 to read onlineMoreLess
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