Thompson v. Brannin, Brand & Glover
Court of Appeals of Kentucky
Case 85 — PETITION ORDINARY — 1. The sale was not complete when the negotiations between the parties closed. (2 Addison on Contracts, sec. 568; 1 Benjamin on Sales, secs. 365, 414-417; Newcomb-Buchanan Co. v. Cabell, 10 Bush, 467; Brown, &c., v. Childs, &c., 2 Duv., 314.) 2. A custom must be known to the party sought to be bound by it, or •“ it must be of such age, such uniformity of observance, such certainty and fixedness of character, and such notoriety that a jury would…
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Case 85 — PETITION ORDINARY — 1. The sale was not complete when the negotiations between the parties closed. (2 Addison on Contracts, sec. 568; 1 Benjamin on Sales, secs. 365, 414-417; Newcomb-Buchanan Co. v. Cabell, 10 Bush, 467; Brown, &c., v. Childs, &c., 2 Duv., 314.) 2. A custom must be known to the party sought to be bound by it, or •“ it must be of such age, such uniformity of observance, such certainty and fixedness of character, and such notoriety that a jury would feel clear in saying that it was known to the party sought to be affected by it.” (Kendall v. Bussell, 5 Dana, 503;…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION ON THE COURT.
Brannin, Brand & G-lover, tobacco warehousemen and factors in the city of Louisville, brought this action to recover of H. P. Thompson the price of sixty-eight hogsheads of tobacco, containing six thousand one hundred and seventy-five pounds, their individual property, alleged to have been purchased by him June 22, 1887, at eleven cents per pound, on a credit of four months, interest being added; also amount of buyer’s fees at two dollars per hogshead, less salvage of four dollars per hogshead, the warehouse in which the tobacco was stored and its…
2Cases cited4 opinions
- Willis v. Willis' AdministratorsCourt of Appeals of Kentucky · 1837
- Crawford v. SmithCourt of Appeals of Kentucky · 1838
- Newcomb, Buchanan & Co. v. CabellCourt of Appeals of Kentucky · 1874
- Buffington v. UlenCourt of Appeals of Kentucky · 1870
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- Norwood v. Alamo Fire InsuranceCourt of Appeals of Texas · 1896
- G. I. Frazier Co. v. Owensboro Stave & Barrel Co.Court of Appeals of Kentucky · 1915
- Woerman v. McKinney-Guedry Co.Court of Appeals of Kentucky · 1917
- Kentucky Motor Car Co. v. DarenkampCourt of Appeals of Kentucky · 1915
- Troy Refining Corp. v. Slagter Oil & Grease Co.District Court, W.D. Kentucky · 1945