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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 District Courts of Appeal of the State of ... - Página 207
1919
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 46

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 - 716 páginas
...Oomp. Laws 1913, § 5896. Even a written contract, the language of which is ambiguous or doubtful, may be explained by reference to the circumstances...which it was made and the matter to which it relates. Comp. Laws 1913, § 5907. In interpreting such contracts it is always competent to take into consideration...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 35

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 - 1917 - 740 páginas
...it lawful, operative, and definite and capable of being carried out. Comp. Laws 1913, § 5903. But a contract may be explained by reference to the circumstances under which it was made and to its subject-matter. Comp. Laws 1913, § 5907. WS Lander, for respondent. Where a trial de novo is...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 41

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 páginas
...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...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 44

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 páginas
...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...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 24

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 páginas
...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...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 18

1912 - 968 páginas
...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...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 2

1907 - 916 páginas
...CONTRACT — 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...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 65

1925 - 936 páginas
...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...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 28

South Dakota. Supreme Court - 1912 - 734 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 fs 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 Determined in the Supreme Court of the State of ..., Volume 132

California. Supreme Court - 1906 - 870 páginas
...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...
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