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" A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates. "
Reports of Cases Determined in the Courts of Appeal of the State of California - Página 203
1919
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The Civil Code of the State of California, Volume 1

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...
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The Civil Code of the State of California, as Enacted in 1872: Amended at ...

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...
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The Northwestern Reporter, Volume 133

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...
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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 - 582 páginas
...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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The Pacific Reporter, Volume 23

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...
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The Pacific Reporter, Volume 81

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...
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The Pacific Reporter, Volume 99

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...
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The Pacific Reporter, Volume 83

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...
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The Pacific Reporter, Volume 64

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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Reports of Cases Decided in the Supreme Court of the Territory of Dakota

Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - 1889 - 590 páginas
...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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