29-109. CONSTRUCTION OF CONFLICTING PROVISIONS. 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.
History:
[(29-109) R.S., sec. 3228; reen. R.C. & C.L., sec. 3320; C.S., sec. 5669; I.C.A., sec. 28-109.]