v2573-415

Document Title Page

Appendix A

Rules of Construction

California Civil Code, Section 3390, subdivision 6:

*'3390. What cannot he specifically enforced. The

following ol)ligations cannot be specifically en-

forced :

''6. An agreement, the terms of which are not

sufficiently certain to make the precise act which

is to be done clearly ascertainable."

California Civil Code, Section 1636:

'^1636. Contracts, hotv to he interpreted. A con-

tract 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."

California Civil Code, Section 1639.

^'1639. Interpretation of tvritten contracts. When

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."

California Civil Code, Section 1641 :

''1641. Effect to he given to every part of con-

tract. 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 in-

terpret the other."

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