- 13 - Respondent asserts that Mark Mann's obligation to repay the advances was contingent, because Mark promised to repay only from the future salary and bonuses (if any) he would receive from petitioner. Respondent's argument emphasizes the provision of the July 31, 1991, note that "Payment [is] to be made from project management salaries and bonuses in amounts commensurate with earnings." Standing alone, this language could appear, as respondent contends, to limit Mark Mann's obligation to repay to his future earnings from petitioner. However, as the Supreme Court of Oregon has stated, in Mignot v. Parkhill, 391 P.2d 755, 759 (Or. 1964): It is not always easy * * * to determine whether the intention of the parties is to limit the right of the promisee to payment from a specified fund. * * * * * * * It is difficult to formulate a definite general rule and the decision in each case must be dependent upon its own circumstances * * *. * * * In this case, the note does not state that payment is to be made only from Mark's future earnings from petitioner, and the evidence suggests that Mark and petitioner did not intend to exclude other sources of repayment. For example, Mark Mann testified that his repayment of the advances depended more on his income in general, than on his earnings from petitioner. Mark further testified that Richard Mann and he had never discussed forgiving or canceling his obligation to repay the advances,Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011