West Headnote of the Day – August 23, 2010

August 23, 2010

West's Key 113 Customs and Usages
West's Key 113k9 Application and Operation
West's Key 113k13 k. Reference to or Incorporation of Custom in Making Contract.

268 Municipal CorporationsThe words “usual and customary,” in provision of contract granting exclusive ice cream privileges at pavilions and boating privileges on lake in city park, that city will furnish the usual and customary music, both as to amount and quality, do not refer to usage or custom in the technical legal sense, but to the ordinary and usual practice of the city in the park and require the music to be at the same places as before.
City & County of Denver v. Bowen, 184 P. 357 (Colo. 1919)

Suggested by Frank Gibbard; 10th Circuit Staff Counsel; Denver, CO