The construction of a contract is a question of law for the court. Where any matter of fact is involved, the jury should find the fact. History. Orig. Code 1863, § 2718; Code 1868, § 2712; Code 1873, § 2754; Code 1882, § 2754; Civil Code 1895, § 3672; Civil Code 1910, § 4265; Code […]
The following rules, among others, shall be used in arriving at the true interpretation of contracts: Parol evidence is inadmissible to add to, take from, or vary a written contract. All the attendant and surrounding circumstances may be proved and, if there is an ambiguity, latent or patent, it may be explained; so, if only […]
The cardinal rule of construction is to ascertain the intention of the parties. If that intention is clear and it contravenes no rule of law and sufficient words are used to arrive at the intention, it shall be enforced irrespective of all technical or arbitrary rules of construction. History. Orig. Code 1863, § 2719; Code […]
The intention of the parties may differ among themselves. In such case, the meaning placed on the contract by one party and known to be thus understood by the other party at the time shall be held as the true meaning. History. Orig. Code 1863, § 2720; Code 1868, § 2714; Code 1873, § 2756; […]
