Cohoon v. . Harrell
Supreme Court of North Carolina
Civil actioN, tried before Qranmer, J., and a jury, at April Term, 1920, of Tyrrell. Tbe action is to recover a lot of slabs and billets of wood, or tbe value thereof, claimed by plaintiff, and used or consumed by defendant, and on tbe trial tbe evidence tended to sbow tbat plaintiff, tbe owner of a lot of timber on bis own land, sold tbe same to one H. W. Brantley at $9 per thousand, board measure; tbat said Brantley cut and hauled tbe timber to defendant’s mill, who sawed…
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Civil actioN, tried before Qranmer, J., and a jury, at April Term, 1920, of Tyrrell. Tbe action is to recover a lot of slabs and billets of wood, or tbe value thereof, claimed by plaintiff, and used or consumed by defendant, and on tbe trial tbe evidence tended to sbow tbat plaintiff, tbe owner of a lot of timber on bis own land, sold tbe same to one H. W. Brantley at $9 per thousand, board measure; tbat said Brantley cut and hauled tbe timber to defendant’s mill, who sawed tbe same at $5 per thousand; tbat there was cut for Brantley 93,000 feet of this lumber; tbat there was no contract with…
1Opinion of the CourtHoice, J.
It is the accepted principle here and elsewhere that a lawful and existent business custom or usage, clearly established, concerning the subject-matter of a contract, may be received in evidence to explain ambiguities therein, or to add stipulations about which the contract is silent, and, further, where such a custom is known to the parties, or its existence is so universal and all prevailing that knowledge will be imputed, the parties will be presumed to have contracted in reference to it, unless excluded by the express terms of the agreement between them. Oil Co. v. Burney, 174 N. C., 382;…
2Cases cited3 opinions
- Universal Oil & Fertilizer Co. v. BurneySupreme Court of North Carolina · 1917
- Brown Chemical Co. v. Atkinson, Cobb & Co.Supreme Court of North Carolina · 1884
- Riddick v. . DunnSupreme Court of North Carolina · 1907
3Cited by4 opinions
- United States v. Citizens and Southern National Bank of Atlanta, GeorgiaCourt of Appeals for the Fourth Circuit · 1966
- Cleveland Construction, Inc. v. Ellis-Don Construction, Inc.Court of Appeals of North Carolina · 2011
- United States v. Citizens & Southern National BankCourt of Appeals for the Fourth Circuit · 1966
- St. James v. Embury-Martin Lumber Co.Michigan Supreme Court · 1922