Silverstein v. Michau

Citations

• 221 F. 55
• 137 C.C.A. 79
• 1915 U.S. App. LEXIS 1289

Syllabus

<p>1. Customs and Usages <@=^12—Application and Operation—Knowledge op Parties.</p> <p>That a purchaser of a specified number of pieces of black voile, described as “50 inets. (meters),” did not know of a well-known and long-established custom in the trade to refer to one-half of a piece varying from lpo to 110 meters in length as it came from the loom asa 50-meter piece, it being practically impossible to make the material so that it would measure exactly 50 meters, did not affect the application of such custom, since where a general custom exists in a particular trade, it is presumed that all those engaged in that trade are familiar with its existence and requirements, and make their agreements in the light of such custom.</p> <p>[Ed. Note.—For other cases, see Customs and Usages, Cent. Dig. §§ 23,24; Dec. Dig. ®=»12.]</p> <p>2, Appeal and Error <S=»999 -Review.....Questions oe Fact.</p> <p>A verdict was conclusive on a question of fact fairly submitted to the jury as to the existence oí a well-recognized, long-continued, and uniform custom in a particular trade.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 3912-3921, 3923, 3924; Dee. Dig. <§=*999.]</p> <p>other cases see same topic & KEY-NTJMBEK in all Key-Numbered Digests & Indexes</p>