§ 1864 Two permissible constructions; preference

§ 1864. Two permissible constructions; preference

    OF TWO CONSTRUCTIONS, WHICH PREFERRED. When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is most favorable to the party in whose favor the provision was made.