| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1921 - 758 sider
...Of course, if the language of the contract is deemed ambiguous, it should be interpreted in light of the circumstances under which it was made and the matter to which it relates. Comp. Laws 1913, § 5907. And the terms of the contract will be deemed to extend only to those things... | |
| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1922 - 712 sider
...ND Comp. Laws 1913, § 5896, and cases cited thereunder. A contract may be explained by reference to circumstances under which it was made and the matter to which it relates. See ND Comp. Laws 1913, § 5907, and cases cited. A demand to place the defendant in the wrong must... | |
| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1914 - 788 sider
...Section 5351, Rev. Codes 1905, provides: "A contract may be explained by reference to the circiimstances under which it was made and the matter to which it relates." Also § 5352, as follows: "However broad may be the terms of a contract, it extends only to those things... | |
| 1912 - 968 sider
...in the sense in which the promisor believed at the time of making it the promisee understood it. The contract may be explained by reference to the circumstances...which it was made, and the matter to which it relates; and such circumstances, including the situation of the subject of the instrument and of the parties... | |
| 1925 - 984 sider
...writing, is subject to other rules of law for the interpretation of contracts, one of which is that "a contract may be explained by reference to the circumstances...under which it was made and the matter to which it relates."—Eastmau v. Piper, 554. 44. REJECTION OF PARTICULAR PHRASE OR CLAUSE.—A contract should... | |
| 1907 - 916 sider
...USE OF 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 it« terms, it extends only to those things concerning which the parties... | |
| 1925 - 936 sider
...witness LC Morgan. If it did, it cannot be claimed that there was not presented to the trial court the circumstances under which it was made, and the matter to which it relates. Furthermore, it is obvious that the written instrument did not purport to protect the purchaser against... | |
| South Dakota. Supreme Court - 1912 - 734 sider
...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 fs made, and the matter to which it relates." The clause in the note, therefore, whether it be regarded... | |
| California. Supreme Court - 1906 - 870 sider
...which the promisor believed that the promisee understood the promise when made. The contract may also be explained by reference to the circumstances under...which it was made and the matter to which it relates. In. — AGRFEME.NT FOR SERVICES IN ASSISTING AGENTS "TO MAKE A SUCCESS" — COMMISSIONS. — An agreement... | |
| California. Supreme Court - 1906 - 798 sider
...expressed by the maxim above quoted, I think the grant to Evans should not be held void for uncertainty. A contract may be explained by reference to the circumstances under which it was made, and the matters to which it relates (Civ. Code, sec. 1647) ; and in view of the known circumstances that these... | |
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