After decision of this cause by an opinion heretofore filed we granted a rehearing on the petition of respondents. Our purpose in doing so was to give further consideration to the decision so made and to certain points in respect thereto raised by respondents’ petition. Further consideration of these matters, however, leads us to the conclusion that the opinion heretofore filed herein correctly and adequately disposes of the issues raised on the appeal and for that reason we adopt the opinion heretofore rendered as our present opinion. That opinion is as follows:

“It seems apparent that we have here an instrument which presents, insofar as its interpretation is concerned, questions of fact rather than of law. The agreement is ambiguous and uncertain in respect of the matters here in question and comes within the rules governing the interpretation of such documents.

“ ‘. . . Whether a contract is in any of its terms ambiguous or uncertain is a matter of determination in the first instance by the trial court. If it is found so to be, it is primarily the duty of such court to construe it, after a full opportunity afforded the parties to produce evidence of the facts, circumstances and conditions surrounding its execution, and the conduct of the parties relative thereto. . . . And where a writing is so uncertain that either of the two constructions urged might be sustained, it is not within the functions of a court of review to declare that the interpretation given by the trial court should be supplanted by the other construction of which the instrument is susceptible. ’ (6 Cal.Jur. 327, § Í92.) “Illustrative of this principle is the case of Slama Tire Protector Co. v. Ritchie, 31 Cal.App. 555, 562 [ 161 P. 25 ]. In that case an agreement had been made concerning the sale and distribution in a given territory of a certain tire protector device and the question before the court was whether the contract was one of sale or one whereby an agency was created and the goods which were the subject of the agency had been consigned to the agent and not sold to him. After discussing the terms of the contract and pointing out the uncertainties therein, the court said:

The judgment is reversed and a new trial ordered upon all issues in conformity with this opinion.

Adams, P. J., and Peek, J., concurred.

Respondents’ petition for a hearing by the Supreme Court was denied November 20, 1950. Edmonds, J., Carter, J., and Spence, J., voted for a hearing.