Section 42.210 – Effect of the place of execution.
The language of a writing is to be interpreted according to the meaning it bears in the place of execution, unless the parties have reference to a different place.
Section 42.220 – Consideration of circumstances.
In construing an instrument, the circumstances under which it was made, including the situation of the subject and of the parties, may be shown so that the judge is placed in the position of those whose language the judge is interpreting.
Section 42.230 – Office of judge in construing instruments.
In the construction of an instrument, the office of the judge is simply to ascertain and declare what is, in terms or in substance, contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such construction is, if possible, to be […]
Section 42.240 – Intention of the parties; general and particular provisions and intents.
In the construction of an instrument the intention of the parties is to be pursued if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent shall control a general one that is inconsistent with it.
Section 42.250 – Terms construed as generally accepted; evidence of other signification.
The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible that they have a technical, local, or otherwise peculiar signification and were used and understood in the particular instance, in which case the agreement shall be construed accordingly.
Section 42.260 – Ambiguous terms.
When the terms of an agreement have been intended in a different sense by the parties, that sense is to prevail, against either party, in which the party supposed the other understood it. When different constructions of a provision are otherwise equally proper, that construction is to be taken which is most favorable to the […]
Section 42.270 – Written words control printed form.
When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls.
Section 42.280 – Deciphering characters and translating languages.
When the characters in which an instrument is written are difficult to be deciphered, or the language is not understood by the court, evidence of persons skilled in deciphering the characters, or who understand the language, is admissible to declare the characters or the meaning of the language.
Section 42.290 – Construction of notices.
A written notice is to be construed according to the ordinary acceptation of its terms. Thus, a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, shall be held to import that it has been duly presented for acceptance […]
Section 42.300 – Parties to written instrument not to deny facts recited therein.
Except for the recital of a consideration, the truth of the facts recited from the recital in a written instrument shall not be denied by the parties thereto, their representatives or successors in interest by a subsequent title. [1981 c.892 §83]