California Court of Appeal October 16, 1905, No. 59. (Ennis Brown Co. v. W. S. Hurst & Co.)

CHIPMAN, P. J.

In his petition for a rehearing appellant calls attention to one point urged in the opening brief which was not noticed in the opinion,

namely,

that a custom

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and usage prevailed between plaintiff and defendant and between plaintiff and other persons in Oregon with whom it had dealings, to the effect that the sale was not complete until plaintiff’s acceptance of the seller’s