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" A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates. "
The Pacific Reporter - Σελίδα 405
1919
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The Civil Code of the State of California, Τόμος 1

California - 1872 - 728 σελίδες
...Gibbs vs. Fremont, 9 Exch., p. 25; Jenny Lind Co. vs. Bower, 11 Cal., p. 195; note to Sec. 1638. 1 647. A contract may be explained by reference to the circumstances under which it was made, and Contracts explamed the matter to which it relates. stani£um" NOTE. — " Circumstances under which...

The Civil Code of the State of California, as Enacted in 1872: Amended at ...

California - 1876 - 626 σελίδες
...of performance, according to the law and usage of the place where it is made. 57 Cal. 479. § 1647. A contract may be explained by reference to the circumstances under which it was made, and the matter to it relates. § 1649. If the terms of a promise are in any respect ambiguous or uncertain, it must be...

The Northwestern Reporter, Τόμος 133

1912 - 1262 σελίδες
...Independent contract or a written modification of the original contract. Section 1256, CC, provides: "A contract may be explained by reference to the circumstances under which it is made, and the matter to which it relates." The clause in the note, therefore, whether it be regarded...

Reports of Cases Argued and Determined in the Supreme Court of the Territory ...

Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - 1882 - 582 σελίδες
...evidence without objection. It was proper to explain it, so far as it could be explained, by evidence of the circumstances under which it was made, and the matter to which it related. (Civil Code, Sec. 93&) The contract upon its face was between AW Whitney, superintendent of...

Reports of Cases Decided in the Supreme Court of the Territory of Dakota

Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - 1889 - 590 σελίδες
...This witness states that he can explain the difference, and his competency is shown. "A contract maybe explained by reference to the circumstances under...which it was made and the matter to which it relates." CC § 938. The actual and efficient water head also varies. Plaintiff's witnesses testify to the general...

Life of David Belden

David Belden - 1891 - 488 σελίδες
...carried into effect if it can be done without violating the intention of the parties." (Ibid, 1643.) " A contract may be explained by reference to the circumstances...it was made, and the matter to which it relates." (Ibid, 1047.) See also Thompson vs. McKay, 41 Cal., 221 ; Eeedy vs. Smith, 42 Cal., 245. Apply these...

Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 111

California. Supreme Court - 1896 - 804 σελίδες
...in case of repugnancy between the two, the printed parts must be disregarded; and the contract is to be explained by reference to the circumstances under which it was made, aud in cuse of uncertainty is to be interpreted most strongly against the party who caused the uncertainty...

Digest of the Reports of the Supreme Court of California: Volumes ..., Τόμος 4

James Henry Deering - 1896 - 584 σελίδες
...case of repugnancy between the two, the printed parts must be disregarded; and the contract is to b»> explained by reference to the circumstances under which It was made, and In case of uncertainty in to be Interpreted most strongly against the party who caused the uncertainty...

Business Law for Business Men: A Reference Book Showing the Laws of ...

Anthony Jennings Bledsoe - 1903 - 500 σελίδες
...parties in a technical sense, or unless a special meaning is given to the words by usage or custom. A contract may be explained by reference to the circumstances...which it was made and the matter to which it relates. However broad may be the terms of a contract, it extends only to those things which it appears the...

The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1903 - 1240 σελίδες
...372. Usage: See Code Civ. Proc., sec. 1870, subd. 12. § 1647. Contracts explained by circumstances. A contract may be explained by reference to the circumstances under which it was made, and the matter to whicn it relates. En. March 21, 1872. Cal.Rep.Cit. 77,457; 78,262; 83. 63; 99,372;126,489; 132, 65;...




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