- 14 - until after he had lost his job at another firm. We found this testimony credible in itself. Moreover, it is supported by the fact that Mark made some repayments while he worked for a company other than petitioner. Because one generally does not make gratuitous payments to his creditors, these repayments strongly suggest that Mark's promise and obligation to repay were not limited to his earnings from petitioner. In addition, the language in the note referring to Mark's earnings does not stand alone. It follows a sentence stating Mark Mann's clear and unconditional promise to repay the advances in full. When a contract contains both an unambiguous, unconditional promise to pay, and language that appears to limit the payment promise to a specified fund, courts are reluctant to find that the limiting language governs. As the Supreme Court of Oregon also wrote in Mignot v. Parkhill, supra at 759, in finding that a contractor's promise to pay for work performed was not contingent, notwithstanding a provision that the contractor was not obligated to pay until he had himself received payment: We think, however, that where the contract contains a definite and unambiguous promise to pay * * * equally clear and unambiguous language, expressing the intention that the happening of a contingency over which the promisee has no control shall be a condition precedent to payment, must be found in the contract before the positive and absolute agreement to pay will be considered as superseded. * * *Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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