trade usage evidence
Defined in 1 dictionary — Case Law
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.