28-3-205. Written or original terms to control printed terms. 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: En. Sec. 2216, Civ. C. 1895; re-en. Sec. 5040, Rev. C. 1907; re-en. Sec. 7542, R.C.M. 1921; Cal. Civ. C. Sec. 1651; Field Civ. C. Sec. 816; re-en. Sec. 7542, R.C.M. 1935; R.C.M. 1947, 13-717.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 3. Interpretation of Contracts
Part 2. General Rules of Interpretation
28-3-201. Interpretation giving effect to contract favored
28-3-202. Effect to be given to every part of contract
28-3-203. When several contracts taken together
28-3-204. How repugnancies reconciled
28-3-205. Written or original terms to control printed terms
28-3-206. Uncertainty to be resolved against party causing it