 For the proper construction of an instrument the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, may also be shown, so that the judge be placed in the position of those whose language...  The Pacific Reporter - Page 1751896Full view - About this book
 | Montana. Supreme Court - Law reports, digests, etc - 1915 - 736 pages
...fraud. The term agreement includes deeds and wills as well as contracts between parties." (Sec. 7873.) "For the proper construction of an instrument, the...of those whose language he is to interpret." (Sec. 7877.) The evidence admitted is not in conflict with the terms of the bill of sale and was material... | |
 | California - California - 1915 - 1528 pages
...inconsistent with it. Hltttoryi Enacted March 11, 1872. §1860. THE CIRCUMSTANCES TO BE CONSIDERED. For the proper construction of an instrument, the...position of those whose language he is to interpret, H Ut or>- : Enacted March 11, 1872. § 1861. TERMS TO BE CONSTRUED IN THEIR GENERAL ACCEPTATION. The... | |
 | California - Civil procedure - 1915 - 1356 pages
...Ante, § 15. Construction of this codeAnte, §§ 4-18. § 1860. The circumstances to be considered. For the proper construction of an instrument, the...instrument, and of the parties to it, may also be shown, 80 that the judge be placed in the position of those whose language he is to interpret. Surrounding... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1915 - 718 pages
...the proper construction of the instrument, in the language of Section 717, L. 0. L., we may resort to "the circumstances under which it was made, including...subject of the instrument, and of the parties to it," so that the court may be placed in the position of those whose language it is interpreting. 7. As partly... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1918 - 848 pages
...in force when the case of Looney v. Rankin was decided in 1888. Section 717, L. 0. L., reads thus: "For the proper construction of an instrument, the...position of those whose language he is to interpret." The right to offer evidence, when necessary, to show the circumstances under which a contract was made... | |
 | Electronic journals - 1919 - 482 pages
...out above, the Code of Civil Procedure78 provides that for the purpose of explaining an ambiguity, the circumstances under which it was made, including...subject of the instrument and of the parties to it, may be shown. As we have seen, however, this language has been construed as applicable only to cases where... | |
 | 1919 - 832 pages
...construction of statutes and other writings are to be decided by the court, and section 717, providing that for the proper construction of an instrument the circumstances under which it was made, etc., may be shown, so that the judge may be placed in the position of those whose language he is to... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1922 - 870 pages
...parol testimony concerning the circumstances under which the agreement was made or to which it Tclates, including the situation of the subject of the instrument and of the parties to it, in order, not to add to or detract from or otherwise vary the terms of the instrument, but to enable... | |
 | California - Civil procedure - 1923 - 952 pages
...v. iodustrial Accident Commission, Cal. , 210 Pac. 410. § 1860. THE CIRCUMSTANCES TO BE CONSIDERED. t to the power of the court to change the place of...this code: 1. For the recovery of real property, or Enacted March 11, 1872. Acknowledgment of debt — Uncertainty as to description — Extrinsic evidence... | |
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