Jarecki Manufacturing Co. v. Merriam

Citations

• 104 Kan. 646
• 180 P. 224
• 1919 Kan. LEXIS 327

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Custom — Requisites of a Good Custom. The requisites of a good custom, invocable as tacitly affecting the rights and duties of parties to a contract, stated.</p> <p>2. Same — Proof Required to Establish Custom — Preponderance of Evidence Insufficient To establish the fact of the existence of such a custom, all the requisites must be proved by evidence which is clear and convincing, evidence of such cogency as to satisfy the mind and generate full belief, and a mere preponderance of the evidence is not sufficient.</p> <p>3. Same — Competent Evidence to Establish Custom. A witness having knowledge of the fact may testify directly to the existence of a good custom, subject to inquiry respecting the grounds upon which knowledge is predicated.</p> <p>4. Same — Sale of Wire Cable — Custom to Make Adjustments with Purchasers for Defects not Proven. The evidence examined, and held insufficient to establish the existence of a custom in the Butler county oil field for dealers in wire cables to make adjustments with purchasers of the price of defective cables, sold without warranty, after use has demonstrated their wearing quality.</p>