| California - 1872 - 728 halaman
...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... | |
| California - 1876 - 628 halaman
...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... | |
| 1912 - 1262 halaman
...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... | |
| David Belden - 1891 - 488 halaman
...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... | |
| California. Supreme Court - 1896 - 804 halaman
...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... | |
| James Henry Deering - 1896 - 584 halaman
...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... | |
| Anthony Jennings Bledsoe - 1903 - 500 halaman
...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... | |
| California - 1903 - 1238 halaman
...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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