trade usage evidence
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 64 U.S. 49 - Henry Oelricks and Gustav Lurman v. Benjamin Ford · 1859Most cited · 63 citing opinions
As a general rule, there must be ambiguity or uncertainty upon the face of the written instrument, arising out of the terms used by the parties, in order to justify the extraneous evidence, and, when admissible, it must be limited in its effect to the clearing up of the obscurity. It is not admissible to add to or engraft upon the contract new stipulations, nor to contradict those which are plain.
How often courts cite the case defining “trade usage evidence”
Court decisions citing the opinion that defined “trade usage evidence” — 63 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.