Soutier v. Kellerman
Supreme Court of Missouri
Appeal from-St. Louis Law Commissioner’s Court. The court erred in refusing to declare the law as to the effect of an usage of trade. 1. Smith’s L. C. 307, 414. Chitty on Contracts, 21. Words are to. be understood in their general and received sense, and it follows that evidence of a special, technical or commercial meaning, ought only to be received between parties belonging to the • particular class of persons to whom such special and technical meaning may be supposed to…
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Appeal from-St. Louis Law Commissioner’s Court. The court erred in refusing to declare the law as to the effect of an usage of trade. 1. Smith’s L. C. 307, 414. Chitty on Contracts, 21. Words are to. be understood in their general and received sense, and it follows that evidence of a special, technical or commercial meaning, ought only to be received between parties belonging to the • particular class of persons to whom such special and technical meaning may be supposed to be known; and if, perchance, there did exist among the lumber merchants of the city of Ca-rondelet a special custom by…
1Opinion of the CourtGamble, Judge
The plaintiff alleges that he bought of the defendant (Kel-lerman) 4000 shingles, and that he received eight bundles or packs, which only contained 2,500, and having paid for 4000 brought this suit to recover the value of the number deficient. The defence made by Kellerman was, that by the custom of the lumber trade, two packs of a certain size are regarded as a thousand shingles, and are always bought and sold as such, without any count of the number, and that the eight packs delivered to Soutier were, according to such custom, properly reckoned as four thousand shingles.
1. The defendant…
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- Hinote v. BrigmanSupreme Court of Florida · 1902
- Silvey v. SummerSupreme Court of Missouri · 1875
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