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

Anthony Jennings Bledsoe - 1903 - 508 σελίδες
...printed parts, and, if there is any conflict between the two, the printed part must be disregarded. The contract may be explained by reference to the circumstances under which it was made, and in cases of uncertainty it is to be interpreted most strongly against the party who caused the uncertainty...

The American State Reports: Containing the Cases of General Value and ...

Abraham Clark Freeman - 1904 - 1128 σελίδες
...at the time of contracting, so far as the same is ascertainable and lawful": Civ. Code, sec. 1636. "A contract may be explained by reference to the circumstances...it was made, and the matter to which it relates": Civ. Code, sec. 1647. "However broad may be the terms of a contract, it extends only to those things...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 29

Montana. Supreme Court - 1904 - 688 σελίδες
...balance due on any other contract, either verbal or written. It was explained by evidence referring to the 'circumstances under which it was made and the matter to which it relates. Plaintiff insists that it was executed prior to the payment of the $500. The complaint contains a copy...

Complete Digest of the Decisions of the Supreme Court and District Courts of ...

California - 1907 - 1146 σελίδες
...25 Cent. Dig., cols. 215-226, §§ 102-104. § 38. Trial. [a] Civil Code, section 1647, enacts that a contract may be explained by reference to the circumstances...which it was made, and the matter to which it relates. Defendant guaranteed to a bank "ninety per cent (90) of the face of all drafts for oranges (with BL...

Reports of Cases Determined in the District Courts of Appeal of the ..., Τόμος 2

California. District Courts of Appeal - 1907 - 932 σελίδες
...USE or BROAD TERM — PRINTED MATTER CONTROLLED BY WRITTEN MATTER. — Under the provisions of the Civil Code, a contract may be explained by reference to the circumstances under which it is made; and however broad its term?. it extends only to those things concerning which the parties...

The Northwestern Reporter, Τόμος 130

1911 - 1296 σελίδες
...EVIDENCE (§ 461*)— PAROL EVIDENCE — EXPLAINING CONTRACT. Under Civ. Code, $ 1256, providing that a contract may be explained by reference to the circumstances...which it was made, and the matter to which it relates, where plaintiff gave defendant a contract which, in addition to making him a factor for sale of its...

Illustrative Cases on Insurance

Roger William Cooley - 1912 - 508 σελίδες
...printed parts, and, if there is any repugnancy between the two, the printed part must be disregarded. It may be explained by reference to the circumstances under which it was made. In cases of uncertainty it is to be interpreted most strongly against the party who caused the uncertainty...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 46

Montana. Supreme Court - 1913 - 716 σελίδες
...every part, if reasonably practicable, each clause helping to interpret the other." (Id., sec. 5030.) "A contract may be explained by reference to the circumstances...which it was made and the matter to which it relates." (Id., sec. 5036.) "If the terms of a promise are in any respect ambiguous or uncertain, it must be...

Reports of Cases Decided in the Supreme Court of the State of ..., Τόμος 30

South Dakota. Supreme Court - 1913 - 716 σελίδες
...into. The rule permitting such testimony is recognized by section 1256, Civil Code, which provides : "A contract may be explained by reference to the circumstances under which it was made." Miller v. Way, 5 SD 468, 59 NW 467; Small v. Elliott, 12 SD 570, 82 NW 92. 76 Am. St. Rep. 630; Grimsrud...

The Northwestern Reporter, Τόμος 138

1913 - 1266 σελίδες
...into. The rule permitting such testimony is recognized by section 1256, Civil Code, which provides: "A contract may be explained by reference to the circumstances under which it was made." Miller v. Way, б SD 468, 59 NW 467; Small v. Elliott, 12 SD 570, 82 NW 92, 76 Arn. St. Rep. 630; Grlmsrud...




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