Latta v. Da Roza

THOMPSON (R. L.), J.

This is an appeal from a judgment for a balance due on a written contract “to lay 12 inch pipe on the property of Edw. L. da Roza at 45 cents per foot ...” There is a conflict of evidence regarding the number of feet of pipe which was actually laid. It is contended the evidence does not support the judgment against the defendant Roma V. da Roza. The chief controversy, however, is concerning the admission of testimony affecting an alleged trade custom respecting the construction of the term “to lay,” which is employed in the contract.

The written contract was silent…