“Pondere, numero, et mensura…. These are the tests proposed by our law, by which to ascertain whether a certain subject falls within that class of subjects known as fungibles, which class includes all those things which perish in the using, and which can be estimated generally by weight, number and measure; such, for example, are corn, wine, money, &c.” John Trayner, Trayner’s Latin Maxims 462 (4th ed. 1894).
pondere numero et mensura
pondere, numero, et mensura (pon-d[schwa]r-ee, n[y]oo-m[schwa]r-oh, et men-s[y]uur-[schwa]). [Latin] Hist. By weight, number, and measure. • The phrase appeared in reference to methods for determining fungibles.
