Mann Construction Co., Inc. - Page 13




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               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,                





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