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" When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it... "
Complete Digest of All Lawyers Reports Annotated: From 1 L.R.A. to L.R.A ... - Page 4132
1922
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...understand the language, is admissible to declare the characters, or the meaning of the Ian" guage. § 1697. When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail, against either party, in which he supposed the other...
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Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - 1859 - 464 pages
...inconsistent. UndemtnndinK § 323. When the terms of an agreement have toeen in°|>' riic " t °p'-o- tended in a different sense by the parties to it, that sense...he had reason to suppose the other understood it. Historicaiworks § 324. Historical works, books of science or art, and published maps or charts, when...
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

Colorado, Jefferson Territory - 1860 - 312 pages
...when the two are inconsistent. Terms of agreement to be construed as party understood it. SEC. 391. When the terms of an agreement have been intended...he had reason to suppose the other understood it. Presumptive evidence. SEC. 392. Historical works, books of science or art, and published maps or charts,...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 10

Iowa. Supreme Court - 1861 - 698 pages
...suppose when he thus placed his all in the power of defendant ; that defendant would do what was right? "That sense is to prevail against either party in...he had reason to suppose the other understood it." Section 2401, Code. Flannery certainly knew that Snow understood from this agreement that he was to...
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Session Laws

North Dakota - 1862 - 640 pages
...of printed form, the former controls the latter, ^"p^a. where the two are inconsistent. SECT. 321. When the terms of an agreement have been intended...different sense by the parties to it, that sense is )""iccsu»d. to prevail against either; party in which he had reason to suppose the other understood...
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - 1870 - 808 pages
...inconsistent. wh« ternnof Sec. 338. When the terms of an agreement have been •agre'Mnent bar* ' .dWonatiMin. intended in a different sense by the parties to it,...against either party in which he had reason to suppose fhe other understood it. HhtericBi SBC. 339. Historical works, books of science or art, and book*,...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 774 pages
...the characters or the uieauiag of the language. N. Т. С. С. Г. S 16% ; Or. CCP I 68». ф 1864. When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other...
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The Code of Civil Procedure of the State of California, Volume 2

California - 1872 - 698 pages
...the terms of an agreement have beea structions, . ° lntended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally...
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The Code of Civil Procedure of the State of California

California, Creed Haymond, John Chilton Burch, John H. McKune - 1872 - 882 pages
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The Code of Civil Procedure: Of the State of California, Part 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 pages
...have been or two con0 structiona, intended in a different sense by the different parties to "r^rod_ it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally...
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