Page:United States Statutes at Large Volume 76A.djvu/216

–120– -120(2) a special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for by section 3714 of this title; (3) an agreement made upon consideration of marriage; (4) an agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; and such an agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is 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; (6) an agreement which by its terms is not to be performed during the lifetime of the promisor, or an agreement to devise or bequeath property, or to make provision for a person by will. § 1147. Effect of written contract on negotiations or stipulations The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument. § 1148. Written contract effective upon delivery A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to his agent. § 1149. Law governing delivery of written contracts Sections 594-598 of this title, concerning the delivery of grants, absolute and conditional, apply to all written contracts. § 1150. Sealed and unsealed instruments All distinctions between sealed and unsealed instruments are abolished.

CHAPTER 35—INTERPRETATION OF CONTRACTS Sea 1181. 1182. 1183. 1184. 1185. 1186. 1187. 1188. 1189. 1190. 1191. 1192. 1193. 1194. 1195. 1196. 1197. 1198. 1199. 1200. 1201. 1202. 1203. 1204. 1205.

Uniformity of interpretation. Intention of parties. Ascertainment of intention generally. Language of contract Written contracts. Writing disregarded. Contract taken as a whole. Several contracts to be taken together. Interpretation in favor of contract Words in their ordinary sense. Technical words. Law and usage of place. Explanation by reference to circumstances. Restriction to object of contract. Ambiguity or imcertainty of promise. Particular clauses; general intent. Partly written and printed contracts. Reconciliation of repugnancies. Inconsistent words. Interpretation against party causing uncertainty. Implied stipulations. Necessary incidents implied. Time of performance of contract. Joint and several promise. Executed and executory contracts.

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