$ 1597. Everything is deemed possible except that which is impossible in the nature of things. § 1598. Where a contract has but a single object, ana such object is unlawful, whether in whole or in part, or wholly impossible of performance, or so vaguely expressed as to be wholly unascertainable, the entire contract is void. § 1599. Where a contract has several distinct objects, of which one at least is lawful, and one at least is unlawful, in whole or in part, the contract is void as to the latter and valid as to the rest. CHAPTER V. CONSIDERATION. SECTION 1605. Good consideration, what. 1606. How far legal or moral obligation is a good consideration. 1607. Consideration lawful. 1608. Effect of illegality. 1609. Consideration executed or executory. 1610. Executory consideration. 1611. How ascertained. 1612. Effect of impossibility of ascertaining consideration. 1613. Same. 1614. Written instrument presumptive evidence of consideration 1615. Burden of proof to invalidate sufficient consideration. § 1605. Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise. § 1606. An existing legal obligation resting upon the promisor, or a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by the promisee, is also a good consideration for a promise, to an extent corresponding with the extent of the obligation, but no further or otherwise. $1607. The consideration of a contract must be lawful within the meaning of section 1667. §1608. If any part of a single consideration for one or more objects, or of several considerations for a single object, is unlawful, the entire contract is void. § 1609. A consideration may be executed or executory, in whole or in part. In so far as it is executory it is subject to the provisions of Chapter IV. of this title. § 1610. When a consideration is executory, it is not indispensable that the contract should specify its amount or the means of ascertaining it. It may be left to the decision of a third person, or regulated by any specified standard. §1611. When a contract does not determine the amount of the consideration, nor the method by which it is to be ascertained, or when it leaves the amount thereof to the discretion of an interested party, the consideration must be so much money as the object of the contract is reasonably worth. § 1612. Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void. § 1613. Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face, but in fact is, or becomes impossible of execution, such provision only is void. § 1614. A written instrument is presumptive evidence of a consideration. § 1615. The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to in validate or avoid it. TITLE II. MANNER OF CREATING CONTRACTS. SECTION 1619. Contracts, express or implied. 1620. Express contract, what. 1622. What contracts may be oral. 1623. Contract not in writing through fraud, may be enforced against fraudulent party. 1624. What contracts must be written. 1625. Effect of writing. 1626. Contract in writing, takes effect when. 1627. Provisions of chapter on transfers of real property. 1629. Provisions abolishing seals made applicable. § 1619. A contract is either express or implied. § 1620. An express contract is one, the terms of which are stated in words. § 1621. An implied contract is one, the existence and terms of which are manifested by conduct. § 1622. All contracts may be oral, except such as are specially required by statute to be in writing. § 1623. Where a contract, which is required by law to be in writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing, and acts upon such belief to his prejudice, may enforce it against the fraudulent party. Code Civ. Proc. §§ 1971-1974. § 1624. The following contracts are invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged, or by his agent: 1. An agreement that by its terms is not to be performed within a year from the making thereof; 2. A special promise to answer for the debt, default, or mis. carriage of another, except in the cases provided for in section twenty-seven hundred and ninety-four of this Code; 3. An agreement made upon consideration of marriage other than a mutual promise to marry; 4. An agreement for the sale of goods, chattels, or things in action, at a price not less than two hundred dollars, unless the buyer accept or receive part of such goods and chattels, or the evidences, or some of them, of such things in action, or pay at the time some part of the purchase-money; but when a sale is made at auction, an entry by the auctioneer in his sale book, at the time of the sale, of the kind of property sold, the terms of the sale, the price, and the names of the purchaser and person on whose account the sale is made, is a sufficient memorandum; 5. An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; and such agreement, if made by an agent of the C.K. party sought to be charged, is invalid, unless the authority of the agent be in writing, subscribed by the party sought to be charged; 6. An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission. In effect May 8, 1878.] Code Civ. Proc. §§ 1971-1974. § 1625. The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument. Code Civ. Proc. §§ 1971-1974. § 1626. A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to his agent. §1627. The provisions of the Chapter on Transfers in General, concerning the delivery of grants, absolute and conditional, apply to all written contracts. § 1628. A corporate or official seal may be affixed to an instrument by a mere impression upon the paper or other material on which such instrument is written. § 1629. All distinctions between sealed and unsealed in struments are abolished. 176 TITLE III. INTERPRETATION OF CONTRACTS. SECTION 1635. Uniformity of interpretation. 1641. Effect to be given to every part of contract. 1644. Words to be understood in usual sense. 1646. Law of place. 1647. Contracts explained by circumstances. 1648. Contract restricted to its evident object. 1649. Interpretation in sense in which promisor believed prom isee to rely. 1650. Particular clause subordinate to general intent. 1651. Contract, partly written and partly printed. 1652. Repugnancies, how reconciled. 1653. Inconsistent words rejected. 1654. Words to be taken most strongly against whom. 1656. Necessary incidents implied. 1657. Time of performance of contract. 1658. Time, when of essence. (Repealed.) 1659. When joint and several. 1660. Same. 1661. Executed and executory contracts, what. § 1635. All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this Code. § 1636. A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. 57 Cal. 479. § 1637. For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this chapter are to be applied. § 1638. The language of a contract is to govern its inter pretation, if the language is clear and explicit, and does not nvolve an absurdity. |