. Florists' review [microform]. Floriculture. 114 The Florists' Review lANUAUY 27. 1921 Lily of the Valley Pips Extra fine strain. EXHIBITfON size, German "LUBECK" Pips JUST ARRIVED Pricea in catea of 1000, 500 or 250 9ach, on application J. M. THORBURN & CO. 53 Barclay it. NEW YORK CITY MeuUon The ttgvlew when >ou write. lished general customs are to be re- garded as entering into the elements of their mutual business contracts w&en not contradictory of the express provi- sions of such agreements. The law on this subject was well summed up re- cently by the Washington Sup
. Florists' review [microform]. Floriculture. 114 The Florists' Review lANUAUY 27. 1921 Lily of the Valley Pips Extra fine strain. EXHIBITfON size, German "LUBECK" Pips JUST ARRIVED Pricea in catea of 1000, 500 or 250 9ach, on application J. M. THORBURN & CO. 53 Barclay it. NEW YORK CITY MeuUon The ttgvlew when >ou write. lished general customs are to be re- garded as entering into the elements of their mutual business contracts w&en not contradictory of the express provi- sions of such agreements. The law on this subject was well summed up re- cently by the Washington Supreme court in the case of Gile vs. Tsutakawa, 187 Pacific Reporter, 323, where the court said: "The authorities are numerous which recognize the rule that words used in a contract may be shown by parol testi- mony to have a technical or trade mean- ing, provided it be further shown that such meaning is not local, but is gener- ally known to and recognized by the trade. This oral testimony does not tend to vary or contradict the written contract, but merely explains it, so that the court may give the contract the meaning intended by the parties. And the foregoing is the rule even where the words might be given their customary meaning and still leave the contract in- telligible, particularly when all parties to the contract are connected with the trade, for every person connected with the trade is presumed to know the tech- nical meaning of trade words or terms. "From these conclusions it should logically follow that one dealing in a business or trade must be conclusively presumed to know and understand the language of such trade or business, when it is shown that such language is generally used and known in the trade, and his ignorance will not protect him, unless knowledge of such ignorance be brought home to the party with whom he is dealing. To hold otherwise would be to condemn long-established customs and make uncertain and unstable con- tracts made in accordance
Size: 3154px × 792px
Photo credit: © Library Book Collection / Alamy / Afripics
License: Licensed
Model Released: No
Keywords: ., bookcentury1900, bookdecad, booksubjectfloriculture, bookyear1912
