Weems v. DesPortes

1. “The custom of any business or trade” which “is of such universal practice as to justify the conclusion that it became, by implication, a part of the contract” (Civil Code of 1910, § 1, par. 4) may be established as part of a written contract, where the custom is not in conflict or inconsistent with any of the provisions of the contract; and since the custom, by implication, becomes part of the contract and does not constitute a parol agreement or undertaking between the parties, it may be established as a part of the contract, notwithstanding a provision in the contract that all…