Postal Telegraph-Cable Co. v. Willis

Citations

• 93 Miss. 540
• 47 So. 380

Syllabus

<p>1. Custom and Usage. Contracts. Evidence.</p> <p>When the terms of a contract are clear, unambiguous and valid, evidence of custom cannot he permitted to change them.</p> <p>2. Same. Office of usage or custom.</p> <p>The office of a usage or custom is to interpret the otherwise indeterminate intention of parties.</p> <p>S. Same. Custom inadmissible to change law. Case. ’’</p> <p>Where plaintiff’s correspondent delivered to a telegraph company a telegram, duly addressed and directed, accepting his telegraphic offer to sell cotton, the contract was thereby completed, ’ , a.nd evidence of a custom in the cotton trade, requiring the actual delivery of the message to the addressee to complete the contract, is inadmissible.</p>