| Anthony Jennings Bledsoe - 1903 - 508 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... | |
| Abraham Clark Freeman - 1904 - 1128 sider
...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... | |
| Montana. Supreme Court - 1904 - 688 sider
...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... | |
| California - 1907 - 1146 sider
...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... | |
| California. District Courts of Appeal - 1907 - 932 sider
...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... | |
| 1911 - 1296 sider
...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... | |
| Roger William Cooley - 1912 - 508 sider
...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... | |
| Montana. Supreme Court - 1913 - 716 sider
...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... | |
| South Dakota. Supreme Court - 1913 - 718 sider
...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... | |
| 1913 - 1266 sider
...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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