Revised laws of the State of California Volume 2; in four codes: political, civil, civil procedure, and penal

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 Excerpt: ...view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular eontract 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 tho two are absolutely repugnant, the latter must be so far disregarded. N. Y. C. C, Sco. 816. Sec 1652. Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract. N. Y. C. C, Sec. 817. inconsistent Sec. 1653. Words in a contract which are wholly in words re........... jwted. consistent with its nature, or with the main intention of the parties, are to be rejected. N. Y. C. C, Sec. 818. Ilopugnancies, how reconciled. Words to be taken most strongly Kcasonablo stipulations, when implied. Necessary incidents implied. Sec. 1654. In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against tho party who caused the uncertainty to exist. The promiser is presumed to be such party; except in a contract between a public officer or body, an such, and a private party, in which it is presumed that all uncertainty was caused by the private party. N. Y. C. C, Sec. 819. Sec. 1655. Stipulations which are necessary to makes contract reasonable, or conformable to usage, are implied, in respect to matters concerning which the contract manifests no contrary intention. N. Y. C. C, Sec. 820. Sec. 1656. 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 ...