McSherry v. Blanchfield

Citations

• 68 Kan. 310
• 75 P. 121
• 1904 Kan. LEXIS 106

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Usage or Custom — Notice of It. In order that it may behind- • ing, a custom or usage must be known to the party sought to .be charged, or must be so notorious that knowledge of it will be presumed.</p> <p>2. - Cannot Make a Contract. Usage or custom cannot make a contract when parties themselves have made none.</p> <p>3. - Office of Usage or Custom Stated. The proper office of usage or custom is' to explain technical terms in' contracts to which peculiar meanings attach; to make certain that which is indefinite, ambiguous or obscure; to supply necessary matters upon which the contract itself- is silent; and generally to elucidate the intention of the parties when the meaning of the contract . cannot be clearly ascertained from the language employed.</p> <p>4. Bailment — Storage of Grain — Duty of Warehouseman. In order to recover charges for the storage of grain a warehouseman must keep at the place of deposit, subject to delivery on demand Of the depositor, either the grain left for storage or an equal quantity of other grain of the same kind and quality; and this requirement is not satisfied by keeping a sufficient quantity of grain of the proper description in another warehouse at a different place from that in contemplation of the parties when the bailment was made.</p>