custom or usage as evidence
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 82 U.S. 573 - Partridge v. The Insurance Company · 1872Most cited · 70 citing opinions
when it is sought to incorporate the custom into an express contract whose terms are reduced to writing and are expressed in language neither technical nor ambiguous, and therefore needing no such aid in its construction, it amounts to establishing the principle that a custom may add to or vary or contradict the well-expressed intention of the parties made in writing; no such extension of the doctrine is consistent either with authority or with the principles which govern the law of contracts
How often courts cite the case defining “custom or usage as evidence”
Court decisions citing the opinion that defined “custom or usage as evidence” — 69 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.