Page:United States Statutes at Large Volume 47 Part 1.djvu/1222

 1198 Intent of parties. Post, p.1199. From language. Interpretation of written contracts. Ante, p. 1197. 72d CONGRE SS. SESS. II. CH. 128 . FEBRUARY 27, 1933. SEC. 547 . CO NTR ACT S, 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 ascertain- able and lawful. CRO SS REFEnENtu Post, p.1199. Contract restricte d to its evident o bject, se e section 559. How ascertained. SEC. 548. INTE NTION OF PART IES, HO W ASCE RTAINED .- For the pur- pose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rul es given in this chapter are to be applied. CROSS REFERENCE Construction against party causing ambiguity, see section 565. SEC. 549 . INTEN TION TO BE AS CERTAIN ED FROM LANGUAGE .-Tile lan- guage of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity. SEC. 550. IN TER PRE TAT ION OF WRITTEN CONTRACTS .-When a con- tract is reduced to writing, the intention of the parties is to be ascer- tained from the writing alone, if possible ; subject, however, to the other provisions of this chapter. CROSS REFERF NCE Writing supersedes oral negotiations, see section 542. Writing, when maze- SEC. 551 . WRITING, WH EN DISREGARDED .-When, through fraud, game. mistake, or accident, a written contract fails to express the real inten- tion of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded. CROSS RE1r azic css ' Pout, p.1337 . Principles governing in revising contracts, see section 1643. Post, p.1337. Revising contract for fraud or mistake, see section 1641. Effect to be given to SEC. 552. EFFECT TO BE GIVEN TO EVERY PART OF CONTRACT .-The every part „r eentract . whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other. C ROSS REFER ENCE Post, p .1199. Repugna ncies and in consistencie s in, see sec tions 563 an d 564. severaIcontractscon- SEO. 553 . SEVERA L CONTRACTS, WHEN TAKEN TOGETHER .- Sev era l str ue d as one, contracts relating to the same atters, between the same parties, and made as parts of substantially one transaction, are to be taken together. Interpretation in fa- ,SEC. 554. INTERPRETATION IN FAVOR OF CONTRACT.-A contract must vororcontraet. receive such an interpretation as will make it lawful, op erative, defi- nite, reasonable, and capable of bein g carried iflto effe ct, if it can be done without violating the intention o f the parties. sto od words usual t o besense under- SEC. 555. WORDS TO BE UN DER STO OD IN THE USUAL SE NS E .-The in . words of a contract are to-be understood in their ordinary and popu- lar sense, rather than according to their strict legal meaning ; unless us ed b y the parties in a technical sense, or unless a special meaning is ven to them by usage, in which case the latter must be followed. Technical w ords. EC. 556. TECHNICAL wonns .-T echnic al word s are t o be i nter- preted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense. CROSS REFERENCE Ante, pp. 1124, 1173 . Technical words, how constructed, see sections 11 and 361.