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Parol evidence with respect to writings: See Code Civ. Proc., secs. 1855, 1856 et seq.

$ 1638. Intention to be ascertained from language. The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity. En. March 21, 1872.

Cal.Rep.Cit. 123, 100.

$ 1639. Interpretation of written contracts. Wher a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to the other provisions of this title. En. March 21, 1872.

Cal.Rep.Cit. 62, 631.

Parol evidence in construing writings: See Code Civ. Proc., secs. 1855 et seq.

§ 1640. Writing, when disregarded. When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded. En. March 21, 1872.

Cal.Rep.Cit. 62, 631; 107, 355 ; 137, 75.
See Code Civ. Proc., sec. 1856.

§ 1641. Effect to be given to every part of contract. The whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other. En. March 21, 1872. Cal.Rep.Cít. 62, 631; 62, 638; 81, 532; 81, 533; 104, 300;

131, 484. § 1642. Several contracts, when taken together. Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together. En. March 21, 1872.

Cal.Rep.Cit. 62, 633; 84, 189; 131, 484; 133, 683; 137, 100.

§ 1643. Interpretation in favor of contract. A contract must receive such an interpretation as will make it law. ful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of the parties. En. March 21, 1872. Cal.Rep.Cit. 80, 618; 63, 62; 119, 257; 123, 100; 132, 65;

132, 566.

$ 1644. Words to be understood in usual sense. The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter must be followed. En. March 21, 1872.

Cal.Rep.Cit. 57, 479; 87, 59; 95, 138; 125, 352; 132, 65.

$ 1645. Technical words. Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense. En. March 21, 1872.

Cal.Rep.Cit. 57, 479; 95, 138; 99, 372; 123, 143.

$ 1646. Law of place. A contract is to be interpreted according 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. En. March 21, 1872.

Cal.Rep. Cit. 57, 479; 95, 138; 99, 372.
Usage: See Code Civ. Proc., sec. 1870, subd. 12.

$ 1647. Contracts explained by circumstances. A contract may be explained by reference to the circumstances under which it was made, and the matter to which it re lates. En. March 21, 1872. Cal.Rep.Cit. 77, 457 ; 78, 262; 83, 63; 99, 372; 126, 469;

132, 65 ; 134, 328; 137, 100. $ 1648. Contract restricted to its evident object. How. ever broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract. En. March 21, 1872.

Cal.Rep.Cit. 62, 633.

$ 1649. Interpretation in sense in which promisor believed promisee to rely. If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it. En. March 21, 1872.

Cal.Rep.Cit. 74, 534; 107, 354; 109, 228; 132, 65; 133, 179.

Which construction preferred: Code Civ. Proc., sec. $ 1650. Particular clause subordinate to general intent. Particular clauses of a contract are subordinate to its general intent. En. March 21, 1872.

Cal.Rep.Cit. 54, 370; 116, 67 ; 123, 100; 133, 658.
See infra, secs. 1652, 1653.

$ 1651. Contract, partly written and partly printed. Where 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 original control those which are copied from a form. And if the two are absolutely repugnant, the latter must be so far disregarded. En. March 21, 1872.

Cal.Rep.Cit. 87, 239; 111, 509.

§ 1652. Repugnancies, how reconciled. 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. En. March 21, 1872.

Cal.Rep.Cit. 123, 100.

$ 1653. Inconsistent words rejected. Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties, are to be rejected. En. March 21, 1872.

Cal.Rep.Cit. 123, 100; 133, 658.

$ 1654. Words to be taken most strongly against whom. In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist. The promisor is presumed to be such 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. En. March 21, 1872. Cal.Rep.Cit. 83, 62; 107, 355; 110, 550; 111, 508; 125, 482;

131, 484; 133, 179; 136, 181.

§ 1655. Reasonable stipulations, when implied. Stipulations which are necessary to make a contract reasonable, or conformable to usage, are implied, in respect to matters concerning which the contract manifests no contrary intention. En. March 21, 1872.

Cal.Rep.Cit. 99, 372.

8 1656. 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. En. March 21, 1872.

Cal.Rep.Cit. 62, 630; 62, 637; 99, 372; 126, 469.

$ 1657. Time of performance of contract. If no time is 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 ex. ample, if it consists in the payment of money only,-it must be performed immediately upon the thing to be done being exactly ascertained. En. March 21, 1872.

Cal.Rep.Cit. 97, 521; 119, 175; 124, 511.

$ 1658. Time, when of essence. (Repealed.) En. March 21, 1872. Rep. 1873-4, 242.

§ 1659.' When joint and several. 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. En. March 21, 1872.

Cal.Rep.Cit. 129, 241; 129, 243; 133, 458.
Contracts, joint and several: See ante, secs. 1430 et seq.

8 1660. Same. A promise, made in the singular number, but executed by several persons, is presumed to be joint and several. En. March 21, 1872.

Cal.Rep.Cit. 121, 606; 129, 269.

$ 1661. Executed and executory contracts, what. An executed contract is one, the object of which is fully per formed. All others are executory. En. March 21, 1872.

Cal.Rep.Cit. 81, 532; 126, 598.

TITLE IV.

UNLAWFUL CONTRACTS. 1667. What is unlawful.

1668. Certain contracts unlawful. 1669. Penalties void. (Repealed.)

1670. Contract fixing damages, void. | 1671. Exception. | 1672. Restraints upon legal proceedings. (Repealed.) $ 1673. Contract in restraint of trade, void.

1674. Exception in favor of sale of good will. 1675. Exception in favor of partnership arrangements, | 1676. Contract in restraint of marriage, void.

§ 1667. What is unlawful. That is not lawful which is: 1. Contrary to an express provision of law; 2. Contrary to the policy of express law, though not expressly prohibited; or,

3. Otherwise contrary to good morals. En. March 21, 1872. Cal.Rep.Cit. 68, 30; 79, 680; 81, 373; 81, 515; 83, 177;

84, 415; 91, 117; 112, 204; 117, 244, 119, 601; 123, 609; 125, 122, 125, 123, 127, 35; 131, 488. Subd. 1 - 96, 109.

Subd. 2 - 96, 109. Subd. 3-127, 35. Act to prevent combinations to obstruct the sale of livestock: See post, Appendix, title Animals.

Contracts in restraint of trade: See secs. 1673-1674, infra. Contracts in restraint of marriage: See sec. 1676, infra. Conditions, when void: See ante, secs. 709, 710, 711.

$ 1668. Certain contracts unlawful. All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law. En. March 21, 1872.

Cal.Rep.Cit. 93, 457.

1669. Penalties void. (Repealed.) En. March 21, 1872. Rep. 1873-4, 242.

$1670. Contract fixing damages, void. Every contract by which the amount of damage to be paid, or other compensation to be made, for a breach of an obligation, is determined in anticipation thereof, is to that extent void,

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