113k13 k. Reference to or Incorporation of Custom in Making Contract.
The 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
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The 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.
