consideration must be so much money as the object of the contract is reasonably worth. En. March 21, 1872. Cal.Rep.Cit. 90, 375. See following sections. § 1612. Effect of impossibility of ascertaining consideration. Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void. En. March 21, 1872. § 1613. Same. Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face, but in fact is, or becomes impossible of execution, such provision only is void. En. March 21, 1872. § 1614. Written instrument presumptive evidence of consideration. A written instrument is presumptive evidence of a consideration. En. March 21, 1872. 67, 539; 68, 617; 86, 642; 88, 82; 111, 284; 69, 614; 75, 518: 96, 110; 100, 432; 120, 682; 124, 579; Cal.Rep.Cit. 62, 638; 79, 607; 85, 327; 100, 433; 103, 101; 106, 655; 129, 306; 131, 383. Distinction between sealed and unsealed instruments abolished: See post, sec. 1629. 1615. Burden of proof to invalidate sufficient consideration. The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it. En. March 21, 1872. 68, 617; Cal. Rep.Cit. 69, 614; 75, 518; 79, 607; 83, 177; 96, 110; 103, 101; 111, 284; 120, 682; 131, 383. ORNIA STATE LIBRARY TITLE II. MANNER OF CREATING CONTRACTS. Contracts, express or implied. Implied contract, what. What contracts may be oral. Contract not in writing through fraud, may be enforced against fraudulent party. § 1619. § 1620. Express contract, what. § 1621. § 1622. § 1623. § 1624. § 1625. § 1626. § 1627. § 1628. § 1629. What contracts must be written. Effect of writing. Contract in writing, takes effect when. Provisions of chapter on transfers of real property. Corporate seal, how affixed. Provisions abolishing seals made applicable. § 1619. Contracts, express or implied. A contract is either express or implied. En. March 21, 1872. § 1620. Express contract, what. An express contract is one, the terms of which are stated in words. En. March 21, 1872. Cal.Rep. Cit. 135, 563. § 1621. Implied contract, what. An implied contract is one, the existence and terms of which are manifested by conduct. En. March 21, 1872. Cal.Rep. Cit. 79, 326. Obligations imposed by law: See post, secs. 1708 et seq. § 1622. What contracts may be oral. All contracts may be oral, except such as are specially required by statute to be in writing. En. March 21, 1872. Cal. Rep.Cit. 90, 359; 93, 495; 115, 515; 137, 243. Contracts, when to be in writing: See infra, secs. 1623, 1624; Code Civ. Proc., secs. 1971-1974. § 1623. Contract nct in writing through fraud, may be enforced against fraudulent party. Where a contract, which is required by law to be in writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing, and acts upon such belief to his prejudice, may enforce it against the fraudulent party. En. March 21, 1872. Cal. Rep.Cit. 88, 436. See Code Civ. Proc., secs. 1971-1974. § 1624. What contracts must be written. The following contracts are invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged, or by his agent: 1. An agreement that by its terms is not to be performed within a year from the making thereof. 2. A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section twenty-seven hundred and ninety-four of this code. 3. An agreement made upon consideration of marriage other than a mutual promise to marry. 4. An agreement for the sale of goods, chattels, or things in action, at a price not less than two hundred dollars, unless the buyer accept or receive part of such goods and chattels, or the evidences, or some of them, of such things in action, or pay at the time some part of the purchasemoney; but when a sale is made at auction, an entry by the auctioneer in his sale book, at the time of the sale, of the kinds of property sold, the terms of the sale, the price, and the names of the purchaser and person on whose account the sale is made, is a sufficient memorandum. 5. An agreement for the leasing for a longer period than one year, or for the sale of real property, or for an interest therein; and such agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent be in writing, subscribed by the party sought to be charged. 6. An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission. En. March 21, 1872. Am'd. 1873-4, 241; 1877-8, 86. 89, 570; 100, 29; 111, 285; 112, 635; Subd. 167, 93; 77, 388; 117, 591; 133, 478. Subd. 267, 659; 81, 288: 130, 413. Subd. 375, 300; 103, 160. 91, 671. Subd. 571, 47; 82, 546; 85, 598; 89, 569; 106, 600; 128, 158; 134, 229. Subd. 686, 641; 87, 116; 90, 358; 100, 75, 526; 28; Statute of frauds: See Code Civ. Proc., secs. 1971-1974. Memorandum by auctioneer: See post, sec. 1798. Guaranty: See post, sec. 2793. Sale of realty: See post, sec. 1741. Fraudulent transfers: See post, sec. 3440. Sales of personalty: See post, secs. 1739 et seq. Guaranty: Part performance taking case out of statute: sec. 1741. See post, § 1625. Effect of writing. The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument. En. March 21, 1872. Cal. Rep.Cit. 81, 7; 82, 478; 82, 546; 86, 340; 89, 621; 95, 570; 96, 109; 96, 110; 112, 51; 113, 440; 117, 211. Writing supersedes oral stipulations: See post, sec. 1639. § 1626. Contract in writing, takes effect when. A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to his agent. En. March 21, 1872. Cal.Rep.Cit. 115, 202; 129, 253. Delivery of transfers in writing: See, generally, ante, sec. 1054. § 1627. Provisions of chapter on transfers of real property. The provisions of the chapter on Transfers in General, concerning the delivery of grants, absolute and conditional, apply to all written contracts. En. March 21, 1872. Cal.Rep.Cit. 128, 546. See ante, secs. 1052 et seq. § 1628. Corporate seal, how affixed. A corporate or of ficial seal may be affixed to an instrument by a mere impression upon the paper or other material on which such instrument is written. En. March 21, 1872. Cal.Rep.Cit. 64, 11. See Code Civ. Proc., sec. 14; Pol. Code, sec. 14. § 1629. Provisions abolishing seals made applicable. All distinctions between sealed and unsealed instruments are abolished. En. March 21, 1872. Cal.Rep.Cit. 55, 566; 67, 448; 100, 622; 118, 656; 129, 389. §§ 1635-1637 1655. 1656. § 1657. § 1658. 1659. § 1660. 1661. TITLE III. INTERPRETATION OF CONTRACTS. Uniformity of interpretation. Intention of parties, how ascertained. Intention to be ascertained from language. Writing, when disregarded. 10fect to be given to every part of contract. Words to be understood in usual sense. Law of place. Contracts explained by circumstances. Contract restricted to its evident object. Interpretation in sense in which promisor believed promisee to rely. Particular clause subordinate to general intent. Contract, partly written and partly printed. Inconsistent words rejected. Words to be taken most strongly against whom. Necessary incidents implied. Time of performance of contract. When joint and several. (Repealed.) Executed and executory contracts, what. § 1635. Uniformity of interpretation. All contracts whether public or private, are to be interpreted by the same rules, except as otherwise provided by this code. En. March 21, 1872. Cal.Rep.Cit. 132, 19. § 1636. Contracts, how to be interpreted. A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. En. March 21, 1872. 29. Cal. Rep. Cit. 57, 479; 81, 532; 95, 138; 104, 300; 111, 508; 119, 257; 126, 469; 132, 19; 135, Parol evidence to prove intention: See Code Civ. Proc., secs. 1855 et seq. § 1637. Intention of parties, how ascertained. For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this chapter are to be applied. En. March 21, 1872. |