Page:United States Statutes at Large Volume 47 Part 1.djvu/1223

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72d C ONGRESS. SESS. II. CH. 128 . FEBRUARY 27, 1933. SEC . 557 . LAW OF PLACE.-A contract is to be interpreted accord- La w o place. ing to the law and usage of the place where it is to be performed ; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made . SEC. 558 . CONTRACTS EXPLAINED BY CI RCU MST AN CES .- A contrac t Contract s explain ed may be ex plained by r eference to t he circumstan ces under whi ch it by cir cumstances . was made, and the matter to which it relates . SEC. 559 . CONTRACT RESTRICTED TO ITS EVIDE NT OBJECT .- .H oweve r Contra ct restricted broad may be the term s of a contra ct, it extend s only to tho se things "b iect . concerning which it appears that the parties intended to contract . SEC . 560 . INTERPRETATION IN SENSE IN WHICH PROMISOR BELIEVED interpretation in sense ~n which promisor PROMI$EE TO RELY.-If the terms of a promise are in any respect believed promuee to ambiguous or uncertain, it must be interpreted in the sense in which rel y the promisor believed, at the tim e of making it, that the promises understood it . CROSS REFERENCE Interpretation against promisor, see section 565 . SEC. 561. PAR TI CUL AR CLAUSES SUBORDINATE TO GEN ER AL IN TE NT : P articular clauses Particular causes 1 of a contract are subordinate to its general intent, subordinate . CROSS REFERENCE Repugnancies and inconsistencies, see sections 563 and 564 . SEC . 562. C ONTR ACT, PARTL Y WR ITTEN AND PART LY PR INTE D .-Where pr y ting to govern a contract is partly written and partly printed, or where 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 origi- nal control those which are copied from a form. And if the two are absolutely repugnant, the latter must be so far disregarded . SEC . 563 . R EPUGN ANCES, HOW R ECONCILED . -Rep ugna ncy in a con- Rep ugna nces , ho w tract must be reconciled, if possible, by such an interpretation as reconciled . will give some ef fect to the repugnan t clauses, subordin ate to the general intent and purpose of the whole contract . Gir os REFERENCE Inconsistent words rejected, see section 564. SE C. 564 . INCONSISTENT WORDS REJECTED.-Words in a contract Inconsistent words which a re wholly inc onsistent wit h its nature , or with the maul rejecte de intention of the parties, are to be rejected. CROSS REF ERENCE Re nuen anc es, ho w reco nciled , see sectio n 563 . SEC 565 . WORDS TO BE TAK EN MO ST ST RONGL Y AGAI NST WHOM .-In Against whom words c ases of unc erta inty not rem oved b y the receding rule s, the lan

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guage stronlyg of a contract should be interpreted most strongly against the party who caused the uncertainty to exist . The promisor is presumed to b e such party ; except in a contract b etween a public officer or body, a s such, and a private par ty, in which it is presum ed that all u ncer- tainty was caused by the private party . 1199 i So in original .