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.
(Orig. Code 1863, § 2718; Code 1868, § 2712; Code 1873, § 2754; Code 1882, § 2754; Civil Code 1895, § 3672; Civil Code 1910, § 4265; Code 1933, § 20-701.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 17 Am. Jur. 2d, Contracts, § 240 et seq.
C.J.S.- 17A C.J.S., Contracts, § 294 et seq.
ALR.
- Construction of contract as regards services contemplated by it where attorney claims compensation in addition to amount named therein, 2 A.L.R. 844.
Punctuation as affecting construction of contract, 3 A.L.R. 1062.
Construction and application of provision of construction contract as regards retention of percentage of current earnings until completion, 107 A.L.R. 960.
Right of architect or engineer to construe building or construction contract, 137 A.L.R. 530.
Validity and construction of contract for exclusive representation of persons participating in, or connected with, entertainment enterprises, 175 A.L.R. 617.
Question whether oral statements amount to express warranty, as one of fact for jury or of law for court, 67 A.L.R.2d 619.
Admissibility of extrinsic evidence to identify person or persons intended to be designated by the name in which a contract is made, 80 A.L.R.2d 1137.
Waiver of, or estoppel to assert, substantive right or right to arbitrate as question for court or arbitrator, 26 A.L.R.3d 604.
Division of opinion among judges on same court or among other courts or jurisdictions considering same question, as evidence that particular clause of insurance policy is ambiguous, 4 A.L.R.4th 1253.