77 Pa. 170 | Pa. | 1875
delivered the opinion of the court,
The question here lies within a narrow compass. The defendant’s intestate owned coal lands. He entered into a written agreement with the plaintiff in error, by which, inter alia, the latter was to have the coal thereon, and agreed to pay therefor “ the sum of ten cents for each ton (of 2240 lbs.) of screened coal mined axxd removed from said lands.”
In this action the defendant in error claimed to recover for the coal only, which the company had actually screened and removed from the lands. The company showed that they had taken two sizes or kinds of coal. That in prepaxdng it for market they used two screens; by the use of one they prepax’ed “lump coal,” by the use of the other “nut coal.” They denied their liability to pay for the latter, and offered to prove that it was not known among coal dealers or miners as screened coal in the general acceptance of that term.
It is unquestionably true, as a general rule, that the meaning of a term or name given to any particular article in a trade or business, may be px'oved by persons engaged therein, when that term or name is used in a contract. This is admitted for the purpose of ascertaining the meaning with which the word was used by the parties. This rule of evidence is too well settled to be now controverted.
We see no error in the rejection of the testimony, nor in the answer and charge of the learned judge.
Judgment affirmed.