Southern Life Health Ins. Co. v. Morgan

1 Citing case

  1. Bell v. Birmingham Broadcasting Company

    263 Ala. 355 (Ala. 1955)   Cited 21 times

    To establish the existence of a custom, it must be shown that the custom was general in character, had existed a long period of time and was known or should have been known to all the parties involved in the transaction. Southern Life Health Ins. Co. v. Morgan, 213 Ala. 413, 105 So. 161; Herring v. Skaggs, 73 Ala. 446; Byrd v. Beall, 150 Ala. 122, 43 So. 749. A question directed to a witness as to what he usually did is illegal and immaterial to establishment of a custom. 10 Words Phrases, Custom, p. 729; Sloss-Sheffield S. I. Co. v. Smith, Ala., 40 So. 91.