Page:United States Statutes at Large Volume 76A.djvu/218

–122– -122§ 1194. Restriction to object of contract However broad may be the term of a contract, it extends only to those things concerning which it appears that the parties intended to contract. § 1195. Ambiguity or uncertainty of promise If the terms of a promise are in any respect ambiguous or uncertain, it shall be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it. § 1196. Particular clauses; general intent Particular clauses of a contract are subordinate to its general intent. § 1197. Partly written and printed contracts If a contract is partly written and partly printed, or if part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts, and the parts which are purely original control those which are copied from a form. And if the two are absolutely repugnant, the latter shall be so far disregarded. § 1198. Reconciliation of repugnancies Repugnancy in a contract shall be reconciled, if possible, by such an interpretation as will ^ v e some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract. § 1199. Inconsistent words Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties, shall be rejected. § 1200. Interpretation against party causing uncertainty I n cases of uncertainty not removed by the preceding rules, the language of a contract shall be interpreted most strongly against the party who caused the uncertainty to exist. The promisor is presumed to be that party; except in a contract between a public officer or body, as such, and a private party, in which it is presumed that all uncertainty was caused by the private party. § 1201. Implied stipulations Stipulations which are necessary to make a contract reasonable, or conformable to usage, are implied, in respect to matters concerning which the contract does not manifest a contrary intention. § 1202. Necessary incidents implied All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them are expressly «mentioned therein, when all other things of the same class are deemed to be excluded. § 1203. Time of performance of contract If a time is not specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in its nature capable of being done instantly—as, for example, if it consists in the payment of money only—it shall be performed immediately upon the thing to be done being exactly ascertained. § 1204. Joint and several promise (a) Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several. (b) A promise, made in the singular number, but executed by several persons, is presumed to be joint and several.

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