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Bøker Bok 110 av 89A contract may be explained by reference to the circumstances under which it was...
" 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 - Side 405
1919
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The Civil Code of the State of California, Volum 1

California - 1872
...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...
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The Northwestern Reporter, Volum 133

1912
...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...
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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
...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...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 5

Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - 1889
...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...
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Life of David Belden

David Belden, John J. Berry - 1891 - 472 sider
...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...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volum 111

California. Supreme Court - 1896
...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...
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Digest of the Reports of the Supreme Court of California: Volumes ..., Volum 4

James Henry Deering - 1896 - 561 sider
...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...
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Business Law for Business Men: A Reference Book Showing the Laws of ...

Anthony Jennings Bledsoe - 1903 - 480 sider
...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...
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California, Walter Scott Brann - 1903 - 1044 sider
...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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Business Law for Business Men: A Reference Book Showing the Laws of ...

Anthony Jennings Bledsoe - 1903 - 480 sider
...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...
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