| California - 1872 - 728 páginas
...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 - 626 páginas
...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 páginas
...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... | |
| 1919 - 1020 páginas
...therein, when all other things of the ваше class are deemed to be excluded." Also section 1647, Civil Code: "A contract may be explained by reference...findings of the court that the Johnson grass was in any of the places referred to by this provision of the lease, or that it entered into the contemplation... | |
| 1890 - 1148 páginas
...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...it was made, and the matter to which it relates," (Id. § 1647;) ai.il, in view of the known circumstances that these deeds were executed on the day... | |
| 1905 - 1166 páginas
...the Intention of the parties. Upon this point the court instructed the jury that the contract could be explained by reference to the circumstances under...which It was made, and the matter to which it relates, in case the intention could not be ascertained from the writing alone; and that if they found that... | |
| 1909 - 1164 páginas
...acting for, or In conjunction with, the heirs to the estate, or they may themselves have been heirs. A contract may be explained by reference to the circumstances under which It was made or the matter to which it relates. Rev. Codes, § 5036. The complaint shows that two contracts were... | |
| 1906 - 1148 páginas
...second item of the original policy, to wit, the furniture. Section 1047 of the Civil Code provides: "A contract may be explained by reference to the circumstances under which it is made, and the matter to which It relates." The circumstances under which this slip was executed... | |
| 1901 - 1164 páginas
...the promisee understood It. Id. i 1G40. A contract may be explained by reference to the circumstance under which it was made and the matter to which it relates. Id. § 1G4.7. Read in the light of these rules, the contract seems to us quite intelligible and certain.... | |
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