Citizens & Southern Bank v. Union Warehouse & Compress Co.

1. To make a usage and custom of trade binding, it must be known, certain, uniform, reasonable, and not contrary to law. Berry v. Cooper, 28 Ga. 543 (3); 17 C. J. 452, note 48. An alleged usage, which leaves some material.element to the discretion of the individual is void for uncertainty. Such an usage would be void because useless. It would be like an automobile without gears. Wallace v. Morgan, 23 Ind. 399; Minis v. Nelson, 43 Fed. 777; Oelricks v. Ford, 64 U. S. 49, 62 (16 L. ed. 534). This is so for the reason that the office of a custom or usage is to interpret the otherwise…